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To: elkfersupper
I would say that you have to live by the rules in Texas, regardless of what a foreign nation or the federal government thinks or wishes.

Not quite that simple.

The U.S. is a signatory to a treaty that says that if a foreigner is arrested for a crime, his home country's embassy should be notified. That's a good rule; if U.S. citizens are arrested in Mexico (or China, or anywhere) we would want the U.S. Embassy to be notified.

For Texas to say that it is not bound by that treaty is bad constitutional law (Supremacy Clause) and bad policy (we don't want Mexico to retaliate against U.S. citizens).

Having said all of that, that doesn't mean that this guy goes free. He has had a trial and an appeal, and he's guilty. There should be some remedy for the failure to notify the Mexican Embassy, but setting him free now is not that remedy.

33 posted on 01/22/2014 3:28:38 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

You did read the part about the supreme court not agreeing with you ....right!!


38 posted on 01/22/2014 3:30:51 PM PST by ontap
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To: Lurking Libertarian
The U.S. is a signatory to a treaty that says that if a foreigner is arrested for a crime, his home country's embassy should be notified.

Well, until the world changes, Americans should not cross the U.S. border.

I haven't and never intend to do so.

44 posted on 01/22/2014 3:36:59 PM PST by elkfersupper
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To: Lurking Libertarian
The Supreme Court ruled, in Medellin v. Texas, that an international treaty only creates obligations on state governments when Congress so declares. Congress ain't so declared.
60 posted on 01/22/2014 4:47:47 PM PST by Mr. Lucky
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To: Lurking Libertarian

Since this is a Federal Treaty sounds like Texas isn’t responsible for informing the Mexican embassy, the Federal Government is. The Clinton administration evidently fell down on the job. Texas fulfilled its obligations and should follow through with their laws.


68 posted on 01/22/2014 6:03:37 PM PST by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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