Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Carry_Okie
...much less recognizing the snow job in Federalist 75 with which Hamilton hid a poison pill in the treaty power. Given the pending ratification of LOST or the Small Arms Treaty, it is a serious and current issue.

There exists a very strong argument that no treaty can violate pre-existing constitutional provisions without being void. The idea that treaties have full force implies that that force comes from somewhere - i.e. the Constitution. Therefore, to draw up a treaty that violates constituional provisions, is to negate the source of that treaty's claim to power.

Of course, interpreting the treaty clause through the 14th Amendment adds another layer of disconnect. But as it was originally written, it wasn't a direct poison pill, and was subject to judicial review vis a vis preexisting constitutional provisions.

On the other hand, Hamilton was a treasonous bastard before there was even a country, and fully deserved the end he received from Burr. Too bad it didn't come sooner.

10 posted on 05/08/2012 11:51:17 PM PDT by Talisker (He who commands, must obey.)
[ Post Reply | Private Reply | To 5 | View Replies ]


To: Talisker
But as it was originally written, it wasn't a direct poison pill, and was subject to judicial review vis a vis preexisting constitutional provisions.

Disagree there. Ratification by "two thirds of Senators PRESENT" (my emphasis) was the poison pill, as was the placement of the comma in the Supremacy Clause. Patrick Henry was furious about it. He was right.

12 posted on 05/09/2012 12:10:49 AM PDT by Carry_Okie (The environment is too complex and too important to manage by central planning.)
[ Post Reply | Private Reply | To 10 | View Replies ]

To: Talisker
There exists a very strong argument that no treaty can violate pre-existing constitutional provisions without being void.

As a thought experiment, if a treaty was approved by 2/3 of the Senate which proclaimed the Pope as being the supreme and absolute ruler of the US, would that treaty be valid? Could we impose constitutional amendments by conducting a treaty with Burundi?

No. The fact that it's ridiculous to even consider the above means that a treaty is subordinate to the Constitution, and merely exists at the same level as any other federal legislation, and its validity is subordinate to its constitutionality.

26 posted on 05/09/2012 7:49:24 AM PDT by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
[ Post Reply | Private Reply | To 10 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson