There is a US Supreme Court case from the 1950's that says that the Bill of Rights trumps ALL of the original Constitution, including the treaty clause. I think it is Reid v. Covert. It's about a military wife killing her GI husband in Germany. Under the Status of Forces treaty, she was tried by Courts-Martial not in a civilian US District Court. S. Ct. reversed. ***************************************************************************************** Professor Joseph Olson, J.D., LL.M. o- 651-523-2142 Hamline University School of Law (MS-D2037) f- 651-523-2236 St. Paul, MN 55113-1235 c- 612-865-7956 [email protected] http://law.hamline.edu/constitutional_law/joseph_olson.html
>>> "Guy Smith" <[email protected]> 7/8/2011 11:46 AM >>> Since treaty law is not even close to being my expertise, I’ll lean on the knowledge of this forum. What are the anticipated mechanics and probable rulings if either CIFTA ( http://en.wikipedia.org/wiki/CIFTA ) or the U.N. Arms Treaty ( http://en.wikipedia.org/wiki/Arms_Trade_Treaty ) were ratified? Some folks (including members of Obama’s camp) claim that treaty law has a disabling affect on legislation, and some are as bold as to suggest it can legally create regulatory control of enumerated rights (I fail to find any worthy support for that last one). My reading of CIFTA leads me to believe that it would vest the Executive with a broad range of gun control obligations. In the absence of judicial rulings otherwise, executive decisions on how to implement the treaty would stand. If ratified (unlikely, but possible) it seems this would create a never-ending series of legal challenges … enough to keep Alan Gura gainfully employed well into his dotage. Guy Smith Shooting The Bull ( http://www.amazon.com/gp/product/0983240701/ref=as_li_tf_tl?ie=UTF8&tag=frethimed-20&linkCode=as2&camp=217145&creative=399373&creativeASIN=0983240701 ) and Gun Facts ( http://www.gunfacts.info/ )
_______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
