Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Carry_Okie

You have an example.

The Constitution says that the Constitution and treaties are the supreme law. Which by logic says that the Constitution outranks a treaty. Otherwise the President and 2/3 of the Senate could amend the Constitution without involving the House or States.


32 posted on 06/03/2013 1:15:34 PM PDT by Sherman Logan
[ Post Reply | Private Reply | To 21 | View Replies ]


To: Sherman Logan
The Constitution says that the Constitution and treaties are the supreme law. Which by logic says that the Constitution outranks a treaty. Otherwise the President and 2/3 of the Senate could amend the Constitution without involving the House or States.

The wording there makes it rather obvious that the Constitution outrankes the treaty -- but even a moment's thought on the nature of authority would reveal that it cannot be otherwise: the one who sends/authorizes/commissions is of a greater authority than the one sent/authorized/commissioned (SAC). If the SAC acts outside the constraints that they were bound by, then they are not acting legitimately, likewise the authorizer cannot grant unto the SAC greater authority/power than the authorizer has. Therefore, because the Constitution places limits on the government, the government cannot validly bind the people to a treaty that is contrary to the Constitution.

113 posted on 06/04/2013 6:40:48 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 32 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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