[lbo-talk] We can lose, or we can just lose later

[Michael Hoover]

>>> furuhashi.1 at osu.edu 11/28/05 7:56 AM >>>
Article VI of the United States Constitution says: "This  
Constitution, and the Laws of the United States which shall be made  
in Pursuance thereof; and all Treaties made, or which shall be made,  
under the Authority of the United States, shall be the supreme Law of  
the Land; and the Judges in every State shall be bound thereby, any  
Thing in the Constitution or Laws of any State to the Contrary  
notwithstanding."

The Iraq War, which violates the UN Charter to which the United  
States is a signatory, is illegal and immoral.
Yoshie Furuhashi
<<<<<>>>>>

note re. above that whereas 'supremacy clause' makes only those
law of u.s. made in *pursuance* of constitution the supreme law
of land, it makes all treaties *made* under authority of u.s. supreme
law...

supreme court interpretaton is interesting here with respect to
difference in constitutional language having any significance:
early 20th century congressional legislation regulating hunting
of migratory birds was overturned on grounds that fed gov't
did have delegated power to regulate 'wild game' (court's
language), several years later, u.s. became party to treaty
with canada in which each agreed to protect birds migrating
across border between two countries, treaty stipulations were 
such that congress actually had to pass stronger legislation than
that which court had rejected in order to fulfill its obligations,
another legal proceeding ensued - this time, in _missouri v
holland/1920 - court (through holmes) upheld law in
accordance with above point...   michael hoover

 

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