With all due respect to Floyd Brown and his writing, this is just too much.
This is simply ‘yellow journalism.’ There isn’t any point in this article other than to stir up an emotional response on both sides of the political aisle. With less than two minutes of online research I found:
“This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.” – Reid v. Covert, October 1956, 354 U.S. 1, pg. 17.
Or, if you prefer the actual wording:
“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.” – US Constitution, Article VI, paragraph 2.
As many people are finding out now, wording is important, and the Constitution spells out clearly how treaties interact with the laws of the United States. Although there have been multiple challenges to this status over the years, the Constitution remains the highest law of the land. Period.
Whether or not the current administration, or any administration, wishes to act as if a treaty can overrule the US Constitution, it simply isn’t the case. The path to circumvent laws binding our citizens and establish international controls over our legal and justice systems would require more time and a visible effort that would destroy any politician’s career long before it could be carried out. Planning a decades-long campaign to convince enough voters to amend the Constitution, which is what it would take, has less chance of success than amending the Constitution for the District of Columbia Voting Rights Amendment.
To amend our Constitution, first you have to create a resolution. This resolution has to be approved by Congress with a two-thirds vote in both houses, then ratified by the states. The state ratification process requires that ¾ of the states ratify the amendment to become part of the Constitution. The last time the Constitution was successfully amended was Amendment XXVII in 1992. This amendment was originally proposed in 1789 and it took slightly more than 200 years to get ratified.
“Articles such as Mr. Brown’s are intentionally misleading and written to provoke a visceral response, and they quickly fall apart under any type of scrutiny.”
Articles such as Mr. Brown’s are intentionally misleading and written to provoke a visceral response, and they quickly fall apart under any type of scrutiny. If you expand the scrutiny to include the website it was posted on, you begin to realize that this isn’t news; this is a group of people promoting a political agenda. And since they don’t have enough facts on their side to support their goals, they simply exaggerate what they know and believe, or make it up out of whole cloth, and release it disguised as news.
We have seen that before.
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