You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #13: What little the article does imply refutes you entirely [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » General Discussion: Presidency Donate to DU
Prism Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-11 03:12 PM
Response to Reply #11
13. What little the article does imply refutes you entirely
What other treaty provisions need congressional implementation is subject to argument. In a 1907 memorandum approved by the Secretary of State, it is said, in summary of the practice and reasoning from the text of the Constitution, that the limitations on the treaty power which necessitate legislative implementation may “be found in the provisions of the Constitution which expressly confide in Congress or in other branches of the Federal Government the exercise of certain of the delegated powers....”304 The same thought has been expressed in Congress305 and by commentators.306 Resolution of the issue seems particularly one for the attention of the legislative and executive branches rather than for the courts.


Emphasis mine.

Again from the article:

What happens when a treaty provision and an act of Congress conflict? The answer is, that neither has any intrinsic superiority over the other and that therefore the one of later date will prevail leges posteriores priores contrarias abrogant. In short, the treaty commitments of the United States do not diminish Congress’ constitutional powers.


Emphasis also mine.

What the article addresses are laws and treaties on the level of statutes - not delegated powers. The article is discussing treaty powers on par with Acts of Congress - not on par with delegated powers of the Constitution.

The Congress is delegated, by the Constitution, the power to weigh in on the war-making abilities of the President. No treaty - and certainly no international entity - can replace or supersede the constitutionally delegated power of Congress on matters of war.

Period.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » General Discussion: Presidency Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC