Specialist on International Law and the US Constitution is on CSpan

[La_Serpiente]

www.cspan.com

for those interested in how international law impacts US law. They will explain treaties and Capital Punishment cases.

Also, Ruth Wedgwood is on right now. She is a Yale law professor that says that the military tribunals are constiutional and consistent with international law. She is also Wolfowitz's good friend.

How does international law impact US law? Well, in the recent Sodomy Case, legal statutes were used from the European Court of Human Rights for the ruling.

If you want to give her an earful, contact here here:

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[dang]

1. international law

I'm not postitive but no where in the constitution is the supreme court directed to consult anything but the constitution for their direction in their rulings. That is their only guidence. I think that a justice that admits to looking at international law for guidence would step down without being asked.

[La_Serpiente]

2. I somewhat agree with you on that

However, we do have treaties that we must abide by. Also, there are the Geneva accords and other human rights conventions that we must abide by as well. I don't think the Supreme Court has to "legitmize" treaties that haven't been ratified by the Senate though.

Perhaps I should have clarified by other post. The Supreme Court in ruling the sodomy case didn't actually "legitimally cite" references from European human rights conventions. They only cited them as examples.

[dang]

4. Why consider

What is the Supreme Court doing considering anything out side the Constitution. And as for as treaties, that is OK until it runs counter to the explicit words of the Constitution. NATO, UN,...I Believe the Constitution expressly states that the armed forces of the U S are prohibited from control by any body other than the US. In my mind we are perfectly able to join any international organization we see fit, but the US can not allow our souldiers to be commanded by those oganizations. That was the problem in Somola.

[htuttle]

5. Laws and treaties can actually override the Constitution

Look at what the GATT does! Hell, GATT overrides your municipal ordinances.

The Supreme Court *should* overturn any laws or treaties that do conflict with the Constitution, but it's their responsibility to do so. It's not 'automatic'.

The offending law or treaty would remain in full force until formally overturned. But it would be up to the Supreme Court to actually do that.



(I can't BELIEVE you have the gall to bring up Somalia, BTW... :eyes: )

[htuttle]

3. Laws, treaties and the Contstitution are actually on the same level

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, anything in the Constitution or laws of any State to the contrary notwithstanding.

Different bodies have different responsibilities in regards to each. Laws are devised by the Legislative branch, and approved by the Executive branch. Treaties are sort of the other way around, devised by the Executive branch and approved by the Legislative brance.

The Constitution trumps both in terms of precedence, but that's more because the Courts are in charge of evaluating both of them, not due to any explicit prioritization in the Constitution.

[happyslug]

6. The US Consitution addresses International Treaties

and calls them "The surpeme law of the land". This is Article VI. paragraph 2 of the US consitution to wit:

"This consitution, and the laws of the United States which shall be made pursuance thereof; and all treaties made, or which shall be made, under the authority of the Untied States shall be the supreme law of the land; and the jusges in every state shall be bound thereby, and thing in the consititions or the laws of any state to the contray notwithstanding"

Thus the Geneva Convention IS PART OF THE SURPEME LAW OF THE LAND and has to be addreses by the US Supreme Court.

[newyawker99]

7. Hi dang!!

Welcome to DU!! :toast: