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To: Mike4Freedom
"Are you really claiming that a treaty that relates to the law of war trumps the constitution when it comes to locking up native born citizens, that it can be the excuse for denying them due process?"

Treaties, per the U.S. Constitution, reign supreme over all other U.S. law, presuming that they've been lawfully signed by the President and ratified by the Senate.

To say otherwise is to deny what our very Constitution says.

161 posted on 02/04/2004 5:59:16 PM PST by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack
To say otherwise is to deny what our very Constitution says.

So a treaty approved by the president and 2/3 of the Senate can override the constitution that requires 2/3 of the Senate, 2/3 of the House and 3/4 of the state legislatures to amend. I think NOT. The rule has been interpreted as treaties are binding on our internal legal system only to the extent that they do not violate the constitution itself. Due process still applies and Bush is a criminal for imprisoning Padilla without due process.

Are you claiming that due process is ever dispensible?

163 posted on 02/04/2004 6:54:48 PM PST by Mike4Freedom (Freedom is the one thing that you cannot have unless you grant it to everyone else.)
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