Constitutional Limitations on the Treaty Power
“As statutes may be held void because they contravene the Constitution, it should follow that treaties may be held void, the Constitution being superior to both. And indeed the Court has numerous times so stated.”
TREATIES DO NOT SUPERCEDE THE CONSTITUTION
Curtis W. Caine, MD
Thomas Jefferson was clear on this point: "If the treaty power is unlimited, then we don't have a Constitution. Surely the President and the Senate cannot do by treaty what the whole government is interdicted from doing in any way." Alexander Hamilton agreed: "a treaty cannot be made which alters the Constitution of the country or which infringes any express exceptions to the power of the Constitution of the United States."(2)
In spite of all of the obvious above, some people doggedly insist that "treaties supersede the Constitution" because they want treaties to supersede the Constitution so they can escape the chains of the Constitution! And they plan and scheme relentlessly toward achieving that end. Some even boast of having made an end run around the Constitution.