Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: RandFan

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.

This means that a ratified treaty can supersede the constitution according to the constitution.


5 posted on 05/14/2022 12:32:35 PM PDT by TennesseeProfessor
[ Post Reply | Private Reply | To 1 | View Replies ]


To: TennesseeProfessor
This means that a ratified treaty can supersede the constitution according to the constitution.

No it doesn't. It means that ratified treaties are equal to US laws. Just like any other situation where two duly enacted (or ratified) laws conflict, the judiciary is supposed to rule on which supersedes the other.

16 posted on 05/14/2022 12:57:13 PM PDT by Avalon Memories (Liberalism is a philosophy of sniveling brats. -- P.J. O’Rourke)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: TennesseeProfessor
Nothing has been ratified.
And Manchin is still as anti far left nonsense as ever
21 posted on 05/14/2022 1:01:25 PM PDT by SmokingJoe
[ Post Reply | Private Reply | To 5 | View Replies ]

To: TennesseeProfessor

I read it to mean the federal Constitution, federal laws, and federal treaties override state constitutions and laws.
I’ve long wished the founders had specified stronger majorities and other procedures that would make passing laws and treaties more difficult. And more limits on presidential authority.
The acknowledgement of our basic torights and freedoms can be negated by the 3/4 of politicians over righteous objections of the minority.


25 posted on 05/14/2022 1:04:19 PM PDT by hoosierham (Freedom isnt free)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: TennesseeProfessor
This means that a ratified treaty can supersede the constitution according to the constitution.

No it doesn't.

32 posted on 05/14/2022 1:13:51 PM PDT by FreeReign
[ Post Reply | Private Reply | To 5 | View Replies ]

To: TennesseeProfessor

“…treaties can supersede the Constitution, according to the Constitution.”

I always took that passage to mean that treaties, just like valid federal laws and the Constitution itself, were binding on all the states, not that treaties, in effect, amended the Constitution


40 posted on 05/14/2022 1:47:18 PM PDT by I-ambush (We watched the moment of defeat, played back over on the video screen. )
[ Post Reply | Private Reply | To 5 | View Replies ]

To: TennesseeProfessor

Thanks for looking it up. That was my understanding, too.

But don’t forget the Biden Doctrine. I was pleased to hear Cong. Boebert mention it last week: “No Amendment is absolute.” So, apparently, even if the treaty leaves us some rights, the President can declare an emergency or something, and POOF they are gone.


53 posted on 05/14/2022 3:03:45 PM PDT by Cincinnatus.45-70 (What do DemocRats enjoy more than a truckload of dead babies? Unloading them with a pitchfork!)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: TennesseeProfessor
... any Thing in the Constitution...of any State to the Contrary notwithstanding.

Try it this way.

56 posted on 05/14/2022 5:44:10 PM PDT by frog in a pot (If abortion is the taking of a human life, under what theory should it be left to the states?)
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson