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To: sergeantdave
No, that’s not correct. The DQA legislation is based on the United States Constitution, and no treaty can trump the Contstitution.

A treaty is not superior to the Constitution, but legislation enacted by congress pursuant to the Constitution isn't the Constitution. It's legislation. Regulations enacted by the Executive Branch pursuant to the Constitution aren't the Constitution; they're regulations.. A treaty ratified by congress is the law of the land. Article VI, Clause 2 of the U.S Constitution.

Treaties never, ever, ever trump the Constitution. But treaties ratified by congress trump legislation and regulations enacted pursuant to the Constitution. DQA legislation is legislation. It's not the Constitution.

72 posted on 08/27/2011 5:46:23 PM PDT by Scoutmaster (You knew the job was dangerous when you took it, Fred.)
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To: Scoutmaster

“A treaty is not superior to the Constitution, but legislation enacted by congress pursuant to the Constitution isn’t the Constitution. It’s legislation.”

I disaree. Congress constantly passes legislation based on the Constitution, and the courts rule on whether or not a law passed by Congress is constitutional or not.

“But treaties ratified by congress trump legislation and regulations enacted pursuant to the Constitution.”

That’s not true.

Unfortunately, my internal hard drive just crashed, so I’m working off my external drive, which, unfortunately, does not have my constitutional sites to prove my argument.

So therefore, you’ll need to take my word that I’m right and you’re wrong.

I’m sure you won’t agree with that, so let’s drop this conversation until I can get my internal drive back up. Okay?

Then I will pound you with facts you can’t resist.

Best wishes to you and yours.


74 posted on 08/27/2011 6:29:28 PM PDT by sergeantdave
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