gekaap
Rookie
- Jan 25, 2011
- 1,795
- 136
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- Banned
- #121
Straw man? You're the one claiming that the President with 2/3rds of the Senate can send everyone in Arizona off to be slaves.
No, I did not. As a matter of fact I explicitly rejected that notion. That's why it's a straw man for you to suggest such.
Actually, you did. The scenario I provided violates the 5th and the 13th amendments at the very least, yet you stood up and proudly beamed "Our SUPREME ruler could do that!"
Again, I did no such thing. Which is why it is a straw man for you to suggest it.
What you fail to grasp is that treaties by nature are INFERIOR to the constitution. Whereas a resolution violates the constitution, it cannot and does not act as law.
Nobody said otherwise. But, since you've brought it up (and since you did, it is a straw man) now that I'm looking at it, I'm not quite sure that the constitution holds supremacy over treaties. The constitution states, basically, that US law is the supreme law of the land. In other words, federal law is supreme to state law, and any state law that violates such is not with standing. However, the constitution explicitly states that US statutes must be made in pursuance to the constitution. It does not say the same thing about treaties. Therefore, there is a reasonable argument to be made that any act of entering into a treaty the US makes, within the methods demanded by the constitution, would thus equally valid and of equal supremacy as the constitution itself. If this confuses you, think about the UK parliament. Any act of the Parliament is inherently constitutional in the UK, because acts of Parliament become part of the constitution by their nature. It's not quite the same thing, but it's similar.
In any event, I am not prepared to say that this is definitely the case. But from the way the constitution reads it would appear to be so.
FURTHER, which the UN charter was ratified by the Senate, resolution 768 (or whatever) is NOT ratified, is NOT a treaty and has ZERO weight in American jurisprudence.
The UN charter was ratified by the Senate, thus the US is bound by any legitimate act under the UN charter.
You of the left viewed joining the UN as the establishment of a world government and the dissolution of the sovereignty of these United States - it ain't the case.
I'm not "of the left." And it is YOU who seems to equate the UN with some kind of world government. I'm not here talking about the UN as if it is a legislative body. I'm talking about the US entering a treaty that agrees to certain behaviors regarding international affairs.
The fuck they're not; that is precisely what you're angling for. You place the UN Charter and the resolutions made by foreign bodies above the US Constitution, effectively rendering it null and void.
No, I'm not "angling" for that, or anything else. Stop reading into the situation. You keep drawing things forth that I'm not saying, which is what makes your comments straw men. You're almost sounding like a lunatic conspiracy theorist.
As stated, resolutions from the UN are not treaties, even actual treaties cannot violate the US Constitution.
Forget resolutions for a moment because it's really not the issue before us, you just keep pushing it. The US, by treaty, has agreed not to invade any member state of the UN without the consent of the Security Council. That is it. The US is bound to honor that treaty by the US constitution. That is why invading Iraq was unconstitutional.