Friday, August 5, 2011

If a Treaty is ratified that infringes on US Citizens rights,?

A treaty that is ratified is valid even if it infringes upon a right UNTIL a citizen with STANDING who feels his constitutional rights have been violated challenges the treaty in court and the court rules the treaty unconstitutional. This question has no easy answer because according to article VI of the Constitution, the constitution gives "supreme power" to both itself and treaties. Which would prevail if challenged? Has the Court ever had an instance where it held a treaty unconstitutional? That is a question for a constitutional scholar.

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