socialize_me
01-22-2009, 07:16 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Now, if a treaty is made that is unconstitutional, is it null and void? I would think so considering how treaties are required to pass vs. the way amendments do. For instance, it takes only 2/3 of the Senate + The President to sign a Treaty, whereas for a Constitutional amendment, we would need 2/3's of both Houses and 3/4's the states---obviously far more cumbersome than getting a treaty ratified.
So where exactly are Treaties held at in regards of Federal law?? Are they sandwiched between Federal laws and the Constitution? Like they're in their own separate realm it seems...more powerful than Federal laws, but logically cannot be stronger than the US Constitution. So which is it and isn't this an implied concept no matter how you answer the question? That is, it's not specifically described in the Constitution.
Now, if a treaty is made that is unconstitutional, is it null and void? I would think so considering how treaties are required to pass vs. the way amendments do. For instance, it takes only 2/3 of the Senate + The President to sign a Treaty, whereas for a Constitutional amendment, we would need 2/3's of both Houses and 3/4's the states---obviously far more cumbersome than getting a treaty ratified.
So where exactly are Treaties held at in regards of Federal law?? Are they sandwiched between Federal laws and the Constitution? Like they're in their own separate realm it seems...more powerful than Federal laws, but logically cannot be stronger than the US Constitution. So which is it and isn't this an implied concept no matter how you answer the question? That is, it's not specifically described in the Constitution.