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Archive for the 'Article VI' Category

27 Aug

US Violates The UN Convention Against Torture (CAT)

The Department of Defense announced in a press relase dated August 26, 2008, “the transfer of two detainees from Guantanamo Bay, Cuba, to Algeria”:

No. 721-08
August 26, 2008
Detainee Transfer Announced
The Department of Defense announced today the transfer of two detainees from Guantanamo Bay, Cuba, to Algeria. These detainees were determined to be eligible for transfer following [...]

30 Jul

U.S. Con.; Art. VI; Clause II: James Madison

James Madison seemed to be of the belief that treaties could overrule Constitutional text, and there were indeed theoretical instances where it would be appropriate.

James Madison In The House Of Representatives.
April 6, 1796.
He proceeded to review the several topics on which the Message relied. First. The intention of the body which framed the Constitution…
I. [...]

28 Jul

U.S. Con.; Art. VI; Clause II: Joseph Story

Supreme Court Justice, Joseph Story, regarding Article VI:
In regard to treaties, there is equal reason, why they should be held, when made, to be the supreme law of the land. It is to be considered, that treaties constitute solemn compacts of binding obligation among nations; and unless they are scrupulously obeyed, and enforced, no foreign [...]

26 Jul

US Con. Article VI; Clause 2: Luther Martin - Original Contempt

American Founding Father, Luther Martin opposed the Constitution. One of the reasons he did so was that he believed treaties could be used to tyrannically override liberty.
To place this matter in a proper point of view, it will be necessary to state, that as the propositions were reported by the committee of the whole house, [...]

26 Jul

US Constitution; Article VI.; Clause 2

A treaty made “under the Authority of the United States” is “the supreme Law of the Land”. Does this mean a treaty can overrule Constitutional text as the force of law?
United States Constitution; Article VI.; Clause 2:  
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all [...]

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