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Kuciwalker
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of Schmooism
Feb 2001
time: 00:29
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Oh, and I found the article that elijah was referring to:
quote:
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
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.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. |
I also found this:
quote:
Although the Supreme Court had held, prior to Marshall's appointment to the Bench, that the supremacy clause rendered null and void a state constitutional or statutory provision which was inconsistent with a treaty executed by the Federal Government, 1 it was left for him to develop the full significance of the clause as applied to acts of Congress. By his vigorous opinions in McCulloch v. Maryland 2 and Gibbons v. Ogden, 3 he gave the principle a vitality which survived a century of vacillation under the doctrine of dual federalism. In the former case, he asserted broadly that ''the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government. This is, we think, the unavoidable consequence of that supremacy which the Constitution has declared.'' 4 From this he concluded that a state tax upon notes issued by a branch of the Bank of the United States was void.
In Gibbons v. Ogden, the Court held that certain statutes of New York granting an exclusive right to use steam navigation on the waters of the State were null and void insofar as they applied to vessels licensed by the United States to engage in coastal trade. Said the Chief Justice: ''In argument, however, it has been contended, that if a law passed by a State, in the exercise of its acknowledged sovereignty, comes into conflict with a law passed by Congress in pursuance of the Constitution, they affect the subject, and each other, like equal opposing powers. But the framers of our Constitution foresaw this state of things, and provided for it, by declaring the supremacy not only of itself, but of the laws made in pursuance of it. The nullity of an act, inconsistent with the Constitution, is produced by the declaration, that the Constitution is the supreme law. The appropriate application of that part of the clause which confers the same supremacy on laws and treaties, is to such acts of the State legislatures as do not transcend their powers, but though enacted in the execution of acknowledged State powers, interfere with, or are contrary to the laws of Congress, made in pursuance of the Constitution, or some treaty made under the authority of the United States. In every such case, the act of Congress, or the treaty, is supreme; and the law of the State, though enacted in the exercise of powers not controverted, must yield to it.'' 5 |
Basically, the treaties thing applies to the STATES, not the federal government.
EDIT: btw, that's from FindLaw
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Whaleboy
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Please make all cheques payable to Whaleboy
Jan 2003
time: 05:29
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quote:
we live in a democracy, remember?
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[s]you do, I'm British  [/s] There is a point where it becomes tyranny by majority, and if you are correct, the Guantanamo is an example of that.
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it's a bit different than capturing an armed guy in a war zone
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Logically, they have to show that the manner of the mans incarceration in valid, before they can then go to try him for those crimes, as the nature of the trial in this case is being determined by the legal status of the prisoner.
On a different note, you are getting bogged down by legal notions, these men are human first and above all else, so logically deserve human rights. Whether or not they are breaching the letter of the geneva convention, they are certainly breaching the spirit of it.
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22-07-2003 05:14
. The SCOTUS has ruled that treaties are equal to Congressional laws. Therefore they are.
That's why MtG's suggestion would likely have been best for all concerned.
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