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Since when can Congress pass laws that strip federal & state courts of constitutional powers? (Original Post) Faryn Balyncd Sep 2013 OP
seems to me there is a clause making treaties the law of the land under the constitution. nt msongs Sep 2013 #1
Since when does treaty making power include the right to over-rule all internal law (& be exempt Faryn Balyncd Sep 2013 #4
Neither NAFTA or TPP are treaties. see my response below. truedelphi Sep 2013 #6
however neither the TPP or NAFTA is a TREATY - truedelphi Sep 2013 #5
Thanks. Faryn Balyncd Sep 2013 #7
THANK YOU. woo me with science Sep 2013 #2
Jurisdiction stripping is usually a fringe move used by kooks like Ron Paul geek tragedy Sep 2013 #3
Since when? Are you blind? Glassunion Sep 2013 #8

Faryn Balyncd

(5,125 posts)
4. Since when does treaty making power include the right to over-rule all internal law (& be exempt
Fri Sep 20, 2013, 05:37 PM
Sep 2013


...from judicial oversight as well.)

Since the executive & legislative branches have the authority to make & ratify treaties, if this is to be interpreted to mean that they are free to nullify any and all conflicting federal, state, local laws, and strip federal and state courts of their constitutionally delegated powers, that would have pretty broad ramifications:

If, for example, some future president and Congress were to make and ratify a treaty authorizing any number of things illegal or unconstitutional under our legal system (to take it to its logical conclusion, say, for example, re-authorizing slavery, or requiring compensation for slaves, or requiring the return of slaves to their masters), then under this reasoning, this future president and Congress could legally accomplish this simply by making and ratifying an international treaty which included some obscure clause specifying this, and this would be "the law of the land", irregardless of whether such treaty violated American law, and that furthermore, all that is needed to strip the judicial branch of any say in the matter is to include a clause in the treaty that gives that authority to a secret, private tribunal which is exempt from judicial oversight by the terms of the treaty.

Is that what you mean?











truedelphi

(32,324 posts)
5. however neither the TPP or NAFTA is a TREATY -
Fri Sep 20, 2013, 05:43 PM
Sep 2013
A treaty requires a two thirds majority of the Congressional body.

That is why it was named the NAFTA TRADE AGREEMENT!

This is totally unconstitutional, but what can mere citizens do?

woo me with science

(32,139 posts)
2. THANK YOU.
Fri Sep 20, 2013, 05:18 PM
Sep 2013

This is not democratic.

It is not "centrist."

It is not even "conservative."

This is subversion of our Constitutional government. This is corporate fascism coming at us from all directions now.

Through the TPP.
Through a monstrous surveillance state.
Through "kill lists" and indefinite detention and trashing of due process.
Through assaults on journalism.
Through assaults on whistleblowers.
Through assaults on protesters.
Through private prisons and a profit motive for imprisoning human beings.
Through the sick propaganda machine that now pervades our media and the internet,
And through endless corporate predatory policies that suck profit from war and human misery.

Congress and the White House have NO right to do it, but they are trashing the Constitution before our eyes.

 

geek tragedy

(68,868 posts)
3. Jurisdiction stripping is usually a fringe move used by kooks like Ron Paul
Fri Sep 20, 2013, 05:19 PM
Sep 2013

to get around the constitution.

Not good to see it so prominent here, to say the least.

Glassunion

(10,201 posts)
8. Since when? Are you blind?
Fri Sep 20, 2013, 06:05 PM
Sep 2013

There is money and lots of it to be made.

Money = Election Winners

Money = Votes in Congress

Money gets you Power. Power gets you more Money. More Money gets you more elections, votes in congress, and more Power...

Wash, Rinse and Repeat if desired.

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