Posted on 11/07/2008 5:42:46 AM PST by Halfmanhalfamazing
With an impending Obama presidency, what's gonna happen with the law of the sea treaty?
If any president signs any international treaty, doesn't that become a part of the constitution?
How can that be fixed by a future president/congress?
I've never read anything that deals with this kind of precedent, if it even exists.
Treaties are broken all the time.
Treaties generally have recission clauses.
As soon as the Obamanation finishes destroying our navy, yes.
More here, FWIW...
Interpretation and Termination of Treaties as International Compacts
Is this what you were thinking of? :)
Amendments are the only things that can become part of the Constitution, unless you want to count judicial activism.
"Judicial activism"; doesn't that qualify as an oxymoron?
Old G Washington story...IMOW..GW Walked into the Senate Chamber with Knox by his side looking for consent...Senate said "Wait a minute, we've never even seen this." "Well, that's why I brought Knox...to explain it to you".
Not today said the Senate...Washington was livid. "Well then, why am I hear?" and walked out in a huff. Maclay (sp) diary..Library of Congress...American Memories...
Bush broke the anti missile defense treaty.
I can’t believe FR has sunk to vanities like this. PLEASE google for information like this.
Indeed. They are simply contracts between nations. When one party defaults, who can the other party go see about it?
The US withdrew from the ABM Treaty with Russia using the terms of the treaty. That isn't, of course, the same as breaking it.
The most interesting debate in all this, in my mind, is whether the Constitution requires the advice and consent of the Senate before a treaty is broken.
The Constitution is silent on this issue, and Presidents have fairly uniformly asserted the authority to break treaties without Senate approval, but this issue bubbles up from time to time, and it’s an interesting one.
Article VI
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Great post(6) there mewzilla.
Abrogated was the proper word I was looking for, and your link appears to be exactly what I was looking for.
I’m just trying to prepare myself with knowledge; knowing what this guy is at least POTENTIALLY* capable of; knowing how to deal with it and whatnot.
I’m sure people around me are going to panic at times over the next 4 years, I want to be able to limit that.
Relax.
No one person can know all things.
And, if it will make you feel better I did google.
Yes, that’s what I’m referring to.
I didn’t consult that at this moment, but I knew I saw it in there somewhere.
I guess even the law of the land can be abrogated.
A treaty can be abolished in the same way it was agreed to, through an act of Congress. The Constitution requires that treaties are considered “high law of the land”.
Try: “withdraw from treaty”
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