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Thread: Mexican national executed in Texas

  1. #281
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    The U.S. is in violation of the treaty. If you are ok with the US violating its word, fine. I am not ok with that. Also, the Senate was of the opinion that it IS self-executing. Still, doesn't change the fact that the treaty is the law of the land and the SCOTUS was engaging in judicial activism in the decision.
    If you want to continue confusing the purposes of the three branches of government, feel free. The SC has ruled and that is the law of the land. The Senate does not interpret law.

    Feel free to disagree all you want, but it will change nothing.

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  2. #282
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    Re: Mexican national executed in Texas

    Quote Originally Posted by Gill View Post
    If you want to continue confusing the purposes of the three branches of government, feel free. The SC has ruled and that is the law of the land. The Senate does not interpret law.

    Feel free to disagree all you want, but it will change nothing.
    And you obviously can't read the Constitution. It is equally clear that the US violated the terms of a treaty and the US will simply have to live with the consequences, including losing the high road on treaty enforcement.
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  3. #283
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    And you obviously can't read the Constitution. It is equally clear that the US violated the terms of a treaty and the US will simply have to live with the consequences, including losing the high road on treaty enforcement.
    Perhaps you should read it..........
    Article III, Section 1.
    The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

    Section 2.
    The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

    In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

    • "The America Republic will endure until the day Congress discovers that it can bribe the public with the public's money." -- Alexis de Tocqueville





  4. #284
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    Re: Mexican national executed in Texas

    Quote Originally Posted by Gill View Post
    Perhaps you should read it..........
    And the Supreme Court is supposed to INTERPRET the Constitution, not CHANGE it...
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    Re: Mexican national executed in Texas

    Quote Originally Posted by Gill View Post
    I already said this, so I'm not sure why you're quoting it to me again. I asked someone earlier, but they never answered. If Congress ratified a treaty proclaiming that freedom of the press was voided, should the SC intervene??
    If the treaty goes against the US Constitution (ie - your inane example), then yes the Supreme Court would intervene.
    Quote Originally Posted by Gill View Post
    Barbarian answered your post perfectly. I could post dissenting opinions of the SC all day, but it is waste of time. The majority rules whether you like it or not.
    The US judicial system is already flawed. I'm curious what you don't understand about how "all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land".

    Read the case of Ware vs. Hylton:
    Ware v. Hylton - Wikipedia, the free encyclopedia
    "The treaty of peace concluded between the United States and Great Britain, in 1783, enabled British creditors to recover debts previously owing to them by American citizens, notwithstanding a payment into a state treasury, under a state law of sequestration. An individual citizen of one state cannot set up the violation of a public treaty, by the other contracting party, to avoid an obligation arising under such treaty; the power to declare a treaty void, for such cause, rests solely with the government, which may, or may not, exercise its option in the premises."

    http://legaltimes.typepad.com/files/11-5001.pdf
    The United States has also signed and ratified an optional
    protocol, a treaty in which the United States agrees that
    “[d]isputes arising out of the interpretation of application
    of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice.” Optional Protocol Concerning the Compulsory Settlement of Disputes
    (Optional Protocol), Art. I, Apr. 24, 1963, 21 U. S. T. 325,
    326, T. I. A. S. No. 6820. Although the United States has
    since given notice of withdrawal from the Optional Protocol, see Letter from Condoleezza Rice, Secretary of State,
    to Kofi A. Annan, Secretary-General of the United Nations
    (Mar. 7, 2005), that withdrawal does not alter the binding
    status of its prewithdrawal obligations,
    see U. S. Brief 22,
    n. 4.


    "And so far neither Texas nor
    any other judicial authority has implemented what the
    International Court of Justice found (in a related case
    brought by the Government of Mexico) to be the proper
    remedy for that Convention violation, namely a hearing
    to determine whether that violation amounted in effect to
    harmless error."

  6. #286
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    And the Supreme Court is supposed to INTERPRET the Constitution, not CHANGE it...
    I always thought they interprted legislation/laws against the standards of the Constitution
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    Re: Mexican national executed in Texas

    Quote Originally Posted by snilloctjc View Post
    I always thought they interprted legislation/laws against the standards of the Constitution
    But the Constitution specifically states that all treaties are the law of the land and that judges in all of the states are to regard it as such...
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