Wednesday, December 12, 2007
We are finally free from the oppressive Geneva Convention!
Andrew Sullivan, 5 days ago
... the United States has effectively withdrawn from the Geneva Conventions.
The United States has clearly abrogated the Geneva Conventions. In fact, the treaties may now just be dead altogether.
The recent Supreme Court decision that nullified our obligation under the NAFTA agreement to notify the Mexican government when their nationals are arrested and are about to be tried, seemed to imply that we can not agree to treaties that would subject the US to positions that give superior rights to those given by the Constitution. Scalia wrote the majority opion and that was his position. He has also spoken on this publicly over the years. The idea that an international body would have the power to override him scares the hell out of him.
I think the there is definitely a question at hand whether the US can agree to any treaties.
By-the-way: the non-notification of trial to the Mexican government was based on a states rights of Texas issue. It seems with regard to the Supreme Court, Texas has states rights when it comes to denial of rigts to non-citizens; while California and Oregon have no states rights when it comes to mediacl marijana.
Aside from unconstitutional treaties, it's clear that the president, with a 2/3rds vote of the senate has the authority to make treaties and that treaties are equivalent to other legislative laws (including the fact that they can be reviewed by the supreme court).
To argue otherwise is ridiculous on its face.