Free Republic
Browse · Search
Topics · Post Article

To: Innovative
"This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty" (Reid v. Covert, October 1956, 354 U.S. 1, at pg 17).

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.”



Curtis W. Caine, MD
Hacienda Publishing


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.

17 posted on 03/29/2013 6:13:09 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: familyop


20 posted on 03/30/2013 4:39:30 AM PDT by NonValueAdded (If you can keep your head when all about you are losing theirs, you've likely misread the situation.)
[ Post Reply | Private Reply | To 17 | View Replies ]

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson