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Supremacy Clause - Wikipedia, the free encyclopediaThe states are bound by Article VI, but what ludahai refuses to accept is that the treaty itself was faulty because it was not self executing. That made it nonbinding until the representatives of each country passed a law binding the country's laws to the treaty.
The Constitution has nothing to do with this problem.
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.
Read Justice Breyer's take on Medellin v. Texas:
Medellín v. Texas - Wikipedia, the free encyclopedia
Justice Breyer wrote in the dissent that in his view, the ICJ treaty was "self-executing", based on a reading of other treaties that had gone into effect without additional Congressional action; and therefore, he wrote, "I believe the treaty obligations, and hence the judgment [of the ICJ], resting as it does upon the consent of the United States to the ICJ's jurisdiction, bind the courts no less than would 'an act of the [federal] legislature.'"
One similar example Breyer cited was the 1796 case Ware v. Hylton, which, Breyer wrote, was illustrative of what "the Founders meant when they wrote [in the Supremacy Clause of the United States Constitution] that 'all Treaties ... shall be the supreme Law of the Land.'" In Ware v. Hylton, the Supreme Court had agreed with a British creditor that a provision of the Treaty of Paris of 1783, which had been ratified by the United States's Congress of the Confederation, overruled a Virginia state law regarding the repayment of debts to Britons; and, as the treaty was "addressed to the Judicial Branch", Congress had not had to enact a domestic law enforcing the treaty provision.
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