Also, since most treaties are not self-executing, they require Congressional action to give them effect. And on the other hand, Congress can always abrogate a treaty. US v. Dion (Eagle Act abrogated Indian hunting rights for eagles. I remember it well...)
-----Original Message-----
From: "Joseph E. Olson"
Sent: Jul 11, 2011 7:39 PM
To: Guy Smith , [email protected]
Subject: RE: Treaty law and 2A mechanics
Probably federal legislation since action by the House is essential to enactment of a federal statute and that body is not involved in "ratifying" a treaty.
Just an off the cuff opinion.
>>> "Guy Smith" <
[email protected]> 7/11/2011 4:30 PM >>>
A follow-up question to the tribe.
How are conflicts between federal legislation and treaty requirements
resolved? Since both are codified as "supreme" via the supremacy clause,
which trumps the other?
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