ISPs Seek to Void Ruling on Police Searches

Reuters ^ | Mon May 13 | Reuters

[StopGlobalWhining]

Bzzzzt, incorrect. Treaties do not even supercede domestic law. In order to be implemented, they require enabling legislation (or regulatory acts within existing law -

Obviously, you have never read the Constitution. If you had, you would have found the following in Article VI.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

See United States Constitution

[eno_]

You need to read the whole clause, including the part before the first semicolon. This does not say that treaties supercede the U.S. Constitution. It does say treaties supercede state constitutions and laws. A treaty has roughly the same standing as federal law. Treaties and associated federal laws are absolutely subject to the U.S. Constitution, including the Xth, the Commerce Clause, and every other part of it that protects states' rights.

[StopGlobalWhining]

It sounds to me that you are really trying to stretch it on your interpretation of paragraph 2 of Article VI.

The Constitution was written with the intention that the average American could understand it. It's intrepretation wasn't left to just to the elites who assume that role today. Read closely what paragraph 2 of Article VI says, both before and after the first semicolon, especially "...the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

So in other words, things in the Constitution notwithstanding, what's in the treaty rules.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

[eno_]

in the Constitution or Laws of any State

That is the key phrase. Read it again carefully: It says federal laws made according to the U.S. Constitution and treaties are the supreme laws of the land. But the U.S. Constitution remains at the top of this hierarchy. You cannot subvert the Constitution by ratifying a treaty (an act of Congress which must be performed in accordance with the Constitution). State constitutions and laws are inferior to the U.S. Constitution, federal laws, and treaties. Hence all the controversy when Cambridge or Berkeley make themselves "nuclear free zones" or they boycott Burma or whatnot. States and localities are not allowed to modify relations with foreign governments.