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To: Carry_Okie

I’m no lawyer, but, I think that Article VI is clearly stating a hierarchy of laws and authority. The Constitution trumps Federal laws, which trump treaties, which trump State constitutions and laws. I think that proof of treaties’ inferiority to Federal law can be shown by the fact that no Indian tribe, AFAIK, has ever been able to recover damages when Congress abrogates a treaty. (They’ve had to make any recoveries the good, ol’ fashioned way: By bribing Congress!) If your theory were true, the Senate and the President could conspire to amend the Constitution by entering into convenient treaties with any banana republic wanting a little cash.


44 posted on 05/07/2007 7:07:36 PM PDT by Redcloak (The 2nd Amendment isn't about sporting goods.)
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To: Redcloak
The Constitution trumps Federal laws, which trump treaties,

No treaty has ever been trumped by the Constitution in the Supreme Court. If the example provided in the Convention on Nature Protection isn't enough, I don't know what is.

46 posted on 05/07/2007 8:23:38 PM PDT by Carry_Okie (Duncan Hunter for President)
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