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by srothstein
Fri Apr 24, 2009 11:11 pm
Forum: Federal
Topic: inter-American arms trafficking treaty
Replies: 11
Views: 4834

Re: inter-American arms trafficking treaty

Locksmith wrote:Obama proposes signing this treaty :(
Just for technical accuracy, Clinton already signed this treaty. It has not yet been ratified by the Senate, so it has no effect yet. Obama is saying he will push for the ratification of the treaty (not just the signing).

There is a major legal theory that will come up. Our Constitution is what makes treaties legal and gives them legal effect. But the Constitution also forbids certain laws. If a treaty violates the Constitution, can it ever have legal effect? My personal opinion is no, but given the wording of the treaty phrase in the Constitution, I know some people who believe it can.

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