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by raccol
Sat Apr 25, 2009 9:46 pm
Forum: Federal
Topic: inter-American arms trafficking treaty
Replies: 11
Views: 5046

Re: inter-American arms trafficking treaty

srothstein wrote:
Locksmith wrote:Obama proposes signing this treaty :(
There is a major legal theory that will come up. Our Constitution is what makes treaties legal and gives them legal effect. But the Constitution also forbids certain laws. If a treaty violates the Constitution, can it ever have legal effect? My personal opinion is no, but given the wording of the treaty phrase in the Constitution, I know some people who believe it can.
So basically, a treaty that usurps the legal authority effecting the treaty is self defeating because it would be unconstitutional. Works for me.

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