However, the U.S. Congress is trying to resolve the conflicting court decisions with legislation. The pending congressional bill -- supported by the liberal-left -- would require states to obey requirements of international treaties, such as the Vienna Convention on Consular Relations.
The Mexican ambassador is urging Texas to delay final judgment on the execution until Congress decides what it will do.
Meanwhile, the Obama administration, which supports the bill, has threatened to withhold federal funding from states that stray from the rules of international treaties. His position angers U.S. Constitutionalists because it places foreign law on a par with U.S. founding documents and U.S. jurisprudence.
Ping! We need to keep an eye on this.
A BILL
To create a civil action to provide judicial remedies to carry out certain treaty obligations of the United States under the Vienna Convention on Consular Relations and the Optional Protocol to the Vienna Convention on Consular Relations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
SECTION 1. SHORT TITLE.
This Act may be cited as the Avena Case Implementation Act of 2008.
SEC. 2. JUDICIAL REMEDY.
(a) CIVIL ACTION.Any person whose rights are infringed by a violation by any nonforeign governmental authority of article 36 of the Vienna Convention on Consular Relations may in a civil action obtain appropriate relief.
(b) NATURE OF RELIEF.Appropriate relief for the purposes of this section means
(1) any declaratory or equitable relief necessary to secure the rights; and
(2) in any case where the plaintiff is convicted of a criminal offense where the violation occurs during and in relation to the investigation or prosecution of that offense, any relief required to remedy the harm done by the violation, including the vitiation of the conviction or sentence where appropriate.
(c) APPLICATION.This Act applies with respect to violations occurring before, on, or after the date of the enactment of this Act.
Thanks for the heads up EdReform! I agree, it looks like something we should keep an eye on. Problem is, it's just one of a gazillion other global governance efforts designed to diminish or eliminate the sovereignty of We, The American People. To make matters worse, many of our own "leaders" don't have a problem with that. It often seems our Constitution has been left to fend for itself. Without defenders, it doesn't stand a chance.