The Treaty clause? As I recall, the Constitution subordinates itself to all Treaties ratified under its auspices. If a Treaty establishing a tyranny were ratified, it would trump the Constitution.
But that's a guess....
It would be quite interesting to know just what the tyranny loophole was—The Treaty clause? As I recall, the Constitution subordinates itself to all Treaties ratified under its auspices. If a Treaty establishing a tyranny were ratified, it would trump the Constitution.
But that's a guess....
I googled and got this:
Limited Government in Relation to The Constitution's Treaty Clause
The writer says this:
To be valid, any treaty must be strictly in conformity to--free from any conflict with--the Constitution. A treaty is like a Federal law in this respect.The Constitution is supreme over laws and treaties; it expressly states (Article VI, Section 2) that: "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 . . ." This means that any such Law (Act of Congress) which violates the Constitution is automatically made null and void to start with--nullified by the Constitution itself--and therefore cannot be a part of the "supreme Law of the Land." This is also true as to treaties.
But I think you're saying that there's some controversy about this. I need to do some remedial work in this area!