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Treaties do NOT supercede our Constitution!

 
OuTheR
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User ID: 799960
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10/22/2009 09:11 AM
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Treaties do NOT supercede our Constitution!
Reid v. Covert,
354 U.S. 1, 17 (1956) (There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.(33));

[link to laws.findlaw.com]


[link to www.sweetliberty.org]





"All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident."
Anonymous Coward
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10/22/2009 09:21 AM
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Re: Treaties do NOT supercede our Constitution!
If Obama signs the USA up to "Kyoto 2" then the states can just secede from the union right?
OuTheR (OP)

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10/22/2009 09:31 AM
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Re: Treaties do NOT supercede our Constitution!
If Obama signs the USA up to "Kyoto 2" then the states can just secede from the union right?
 Quoting: Anonymous Coward 548111


Yes but will they?
"All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident."
Resister

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10/22/2009 09:35 AM
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Re: Treaties do NOT supercede our Constitution!
A treaty does not supersede the constitution... but apathy certainly will allow it to become accepted practice. If we do not vigorously defend our sovereignty it will be taken from us.
"God forbid we should ever be 20 years without such a rebellion. The people cannot be all, & always, well informed... If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty... Let them take arms... What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. " - Thomas Jefferson in 1787
[link to line-in-the-sand.spam]
Anonymous Coward
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10/22/2009 09:37 AM
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Re: Treaties do NOT supercede our Constitution!
Any treaty that negates any part of the constitution is unconstitutional. Many states have already expressed their sovereignty is their legislatures. They won't stand for to much foolishness. Texas is just itching to leave.
Anonymous Coward
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10/22/2009 09:37 AM
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Re: Treaties do NOT supercede our Constitution!
If Obama signs the USA up to "Kyoto 2" then the states can just secede from the union right?


Yes but will they?
 Quoting: OuTheR


Well they've been busy declaring sovereignty under the 10th amendment, perhaps they saw this coming?
Not So Sure
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10/22/2009 09:38 AM
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Re: Treaties do NOT supercede our Constitution!
[link to law.suite101.com]



The Supremacy Clause
Article VI, clause 2 makes the Constitution, laws passed by Congress and treaties of the United States the supreme law of the land. This has become known as the Supremacy Clause. The Supremacy Clause establishes federal law as the highest form of law in the United States legal system, requiring that state judges to defer to federal law even if state laws or constitutions conflict.

The Constitution mandates:

“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, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.”



Doesn't look good to me...
Anonymous Coward
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10/22/2009 09:49 AM
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Re: Treaties do NOT supercede our Constitution!
[link to law.suite101.com]



The Supremacy Clause
Article VI, clause 2 makes the Constitution, laws passed by Congress and treaties of the United States the supreme law of the land. This has become known as the Supremacy Clause. The Supremacy Clause establishes federal law as the highest form of law in the United States legal system, requiring that state judges to defer to federal law even if state laws or constitutions conflict.

The Constitution mandates:

“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, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.”



Doesn't look good to me...
 Quoting: Not So Sure 486149


This just means that states laws are bound by the constitution and treaties (legal treaties). The constitution is the foundation of our country.
PatrickHenry
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10/22/2009 10:49 AM
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Re: Treaties do NOT supercede our Constitution!
During the period of debate over the ratification of the Constitution, numerous independent local speeches and articles were published all across the country. In a speech made on the 5th of June in 1788, Patrick Henry warned against a powerful federal government for this very reason.

He spoke of the facility of this "proposed" constitution to create enormous power wielded by the few over the many. Here we are now fully realizing every danger he warned of in 1788.

Listen to his speech it is amazing how he predicted what we have become.

[link to librivox.org]
OuTheR (OP)

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10/27/2009 10:46 AM
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Re: Treaties do NOT supercede our Constitution!
bump
"All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident."

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