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To: Carry_Okie

Exceeding constitutional limits is not the same as abrogating individual constitutional rights. The burden of proof is to show one treaty that ever successfully made a direct attack on a fundamental individual right recognized as such by the Constitution. If you know if such a case, I would be interested to hear of it. And Covert, as I recall, did not pull treaty inferiority out of thin air. Inartful distinctions between dicta and holding have led to some unpleasant surprises when attempted in legal practice. However, to be fair to you, I will review it and get back to you. I am presently being held captive by a kitchen remodeling project and don’t have immediate access to my usual research tools. :)


41 posted on 03/21/2013 9:07:35 AM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Springfield Reformer
The burden of proof is to show one treaty that ever successfully made a direct attack on a fundamental individual right recognized as such by the Constitution.

Easily done. Consider the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere. That treaty is cited in Title XVI, Section 1531 as the source of authority for the Endangered Species Act.

If you are going to assert that the ESA has not been used to violate individual rights, this conversation is done.

58 posted on 03/21/2013 9:52:20 AM PDT by Carry_Okie (An economy is not a zero-sum game, but politics usually is.)
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