[Carry_Okie]

The US Constitution does not allow a treaty to be enforced unless the Senate ratifies it. The rest of the world operates on the signature of the leader concept. Customary international law” does not trump the Constitutional requirement of Senate ratification.

Please, read the article. We're so far outside what the Constitution says, that to admonish me so is just callow.

We are now operating according to the Vienna Convention on the Law of Treaties, effectively a treaty about treaties. And guess what? It was never ratified, but the government has been ignoring that little complication since the 1970s.

[DesertRhino]

I read it, but the unratified Vienna treaty on treaties does not supersede the treaty clause of the US constitution and no Supreme Court has gaps that so far.

[DesertRhino]

“We are now operating according to the Vienna Convention on the Law of Treaties”

Inaccurate. If that was the case we would have not submitted any more treaties to the Senate since that time, but we have. Presidents enter into agreements, but they do not carry force of law in the USA unless they otherwise completely follow the constitution. And such agreements can be ended at will by the next president. They made all your arguments about the Paris climate treaty and Trump ended it just the same.

I’m sure someone someday will change that in our Supreme Court, but we aren’t there yet.