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To: Vendome; Seruzawa; All
Vendome,

I'm not a lawyer, but I believe that the section you underlined in Article 6 of the Constitution does not pertain to legally ratified treaties being overruled by the Constitution, but to the supremacy of the Constitution itself. You replaced the semi-colon with a comma. The semi-colon ';' separates different sections of the paragraph concerning Supremacy of the Constitution. Below is the entire Supremacy paragraph in Article 6:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Also, I recall a few years ago, the Supreme Court ruled that once a treaty is legally entered into and ratified, that it becomes the law of the land and supercedes previous laws, including the Constitution. I can't recall the case, but I believe that the Supremes did say a treaty does overrule the Constitution. I may be wrong, but I do recall reading about this a few years ago.

I do hope you are right, Vendome, and that I am wrong, but my memory says the Supremes did rule recently that legally ratified treaties do supercede U.S. Law.

34 posted on 07/20/2010 9:01:12 AM PDT by AmericaOne (Sneaking In is NOT Immigration!!!)
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To: Vendome; Seruzawa; All

Vendome,

My apologies about the comma - semi-colon thing. I was in error about that.

Americaone


36 posted on 07/20/2010 9:04:27 AM PDT by AmericaOne (Sneaking In is NOT Immigration!!!)
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To: AmericaOne

Whatever Grammar Nazi. It is called an “excerpted quote”, hence I did not give it a “full quote”, “paraphrase” or even summarize.

I stayed at a Holiday Inn Express, last night, so I am confident using and excerpted quote is completely acceptable.

Besides you put the semi-colon in the wrong place as you did not call out the words before and after where it should exist.

And no, The Supreme Court never ruled the Constitution can abrogated or marginalized by treaty.

You may be worshiping at the alter of Justice Ruth Bader Ginsburg, who has a penchant and love of international law and wants to achieve some sort of uniformity above or in exception of The U.S. Constitution. However, she and you will not achieve your vaunted dream without at least three more justices on your side, who will rule in favor of international law.

Not going to happen.

I still stand by my original summary.

No treaty can abrogate the Supreme law of the land, in which all executive, judges, senators, etc must abide by and any treaty entered into must achieve a majority and affirmative vote of no less than 2/3rds the Senate.

That isn’t going to happen either.


37 posted on 07/20/2010 9:21:09 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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