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To: Scythian

Can the Senate ratify an unconstitutional treaty?

Can the Supreme court overturn ratification if it is unconstitutional?


19 posted on 06/07/2011 2:09:41 PM PDT by RatRipper (I'll ride a turtle to work every day before I buy anything from Government Motors.)
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To: RatRipper

A ratified treaty takes precedence over our current laws, etc.


28 posted on 06/07/2011 2:32:06 PM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: RatRipper; jagusafr
There has been a lot of debate about whether a treaty can supersede the Constitution. It's a murky area. My interpretation is that it can, but not in the realm of fundamental Constitutional rights. That's why Keller was so important — it declared the Second Amendment right to keep and bare arms to be “fundamental.”

Given the Keller and McDonald cases, the SCOTUS would be very likely to strike down the treaty as unconstitutional.

JMHO, of course. Why I copied a real lawyer. What's your take, jagusafr?

31 posted on 06/07/2011 2:44:25 PM PDT by piytar (Obama opposed every tool used to get Osama. So of course he gets the credit. /hurl)
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To: RatRipper

Yes and yes.


55 posted on 06/07/2011 3:30:38 PM PDT by MeganC (NO WAR FOR OIL! ........except when a Democrat's in charge.)
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