[Carry_Okie]

I read it, but the unratified Vienna treaty on treaties does not supersede the treaty clause of the US constitution and no Supreme Court has gaps that so far.

The government has been taking advantage of it since the 1970s, particularly with Section 1531 of the ESA. NO ONE has challenged that successfully, and one would think that if it were a likely avenue it would have been tested by now. I think you know that I wish I could agree with you, but suggest that that extra comma in the Supremacy Clause may be more problematic than the debators at the Virginia Ratifying Convention realized.

I think the Constitution needs a clarifying amendment there, and that the manner of ratification needs to be amended to 3/4 of the full Senate.

I've pinged Levin on both items more than once and he's never taken it up. Makes me think it's a really sticky issue.

[Fury]

The government has been taking advantage of it since the 1970s, particularly with Section 1531 of the ESA.

What *specifically* in Section 1531 are you referring to?