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Scofield
01-03-2009, 05:25 PM
Does anyone know what a "treaty" is under American/Common law?

Would a court ruling be considered a "treaty?"

nate895
01-03-2009, 05:32 PM
A treaty is an agreement between two countries. Treaties are second only to the Constitution as far as the law goes.

Scofield
01-03-2009, 05:33 PM
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.


Are court rulings applicable to anything in that passage?

The rulings are opinions by judges. Merely opinions. I don't believe they have legal standing, as how can an opinion constitute law?

Rule of man or rule by law?

Chosen
01-03-2009, 09:59 PM
A major violation of treaty as of late is the SPP Security and Prosperity Partnership.

nate895
01-03-2009, 10:19 PM
Are court rulings applicable to anything in that passage?

The rulings are opinions by judges. Merely opinions. I don't believe they have legal standing, as how can an opinion constitute law?

Rule of man or rule by law?

No, judicial opinions are judicial opinions. The judicial branch wasn't charged with enforcing the constitution, but rather to interpret the laws (including the Constitution itself), the judicial branch can refuse to enforce unconstitutional legislation and award damages to those damaged by unconstitutional legislation, but they cannot stop the other branches from conducting the authority that was delegated to them.