To: FreeReign
Treaties do override the constitution, mores the pity. For example Gongress has the power granted in the Constitution to issue letters of marque and reprisal. Said power is limited by treaty, and if one was issued, the captured foreign enemy merchanct would have a case to sue in US courts that the issued Letter was in violation of treaties which ban the use of private vessels as privateers.
457 posted on
07/08/2003 2:41:11 AM PDT by
donmeaker
(Safety is NO Accident!)
To: donmeaker
For example Gongress has the power granted in the Constitution to issue letters of marque and reprisal. Said power is limited by treaty Isn't that just a matter of Congress not being allowed to go back on the promises that it has currently placed in force. However what would happen in the context of a declaration of war, which is where marque and reprisal make sense? Now, the gloves are off. When Congress declared war on Japan in WWII, when it issued the UOFR to George W. Bush for terrorism, that also implied that the associated treaties were kaput, gone, so much vapor.
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