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Reply #29: Well, treaties can't go against the constitution.. [View All]

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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-03-10 10:00 AM
Response to Reply #14
29. Well, treaties can't go against the constitution..
For one important reason- treaties are passed by congress, and congress alone doesn't have the power to supersede the constitution.

"I do not conceive that power is given to the President and the Senate to dismember the empire, or alienate any great, essential right. I do not think the whole legislative authority have this power. The exercise of the power must be consistent with the object of the delegation."
- James Madison

"By the general power to make treaties, the Constitution must have intended to comprehend only those objects which are usually regulated by treaty, and cannot be otherwise regulated.... It must have meant to except out of those the rights reserved to the states; for surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way."
- Thomas Jefferson

"The only constitutional exception to the power of making treaties is, that it shall not change the Constitution.... On natural principles, a treaty, which should manifestly betray or sacrifice primary interests of the state, would be null."
- Alexander Hamilton
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