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To: BackInBlack
Yes treaties are legal binding but they cannot abrogate the lawful Constitution of a treaty state. In fact, all treaties have a disclaimer stating as much.

In fact, if you read the inter-American weapons treaty that Obama wants the Senate to ratify, it spells out explicitly that it is limited by the Constitution of ratifying states. Moreover the US Constitution prohibits international treaty from abrogating US Constitutional law. The Senate can abrogate or vacate an international treaty with the same 2/3rds vote that is required to ratify.

19 posted on 04/28/2009 2:57:58 PM PDT by Vendome
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To: Vendome

I don’t understand your subsequent post, which I presume is sarcasm, so I’ll stick with this one. Honest question: which Constitutional provisions do the Torture Convention and Geneva Conventions abrogate? Like I said, I think we should pull out of those treaties, but if they are made moot by the Constitution, then it doesn’t matter.


21 posted on 04/29/2009 9:38:34 PM PDT by BackInBlack ("The act of defending any of the cardinal virtues has today all the exhilaration of a vice.")
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