1. TREATIES AS LAW OF THE LAND: THE SUPREMACY CLAUSE AND THE JUDICIAL ENFORCEMENT OF TREATIES.
- Author
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Vázquez, Carlos Manuel
- Subjects
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CONSTITUTIONS , *TREATIES , *AMERICAN law , *CIVIL rights , *ACTIONS & defenses (Law) , *JUDICIAL review of administrative acts , *LEGAL judgments , *CONSTITUTIONAL law - Abstract
The article discusses the straightforward rule regarding the judicial enforcement of treaties, which was established by the Constitution of the U.S. It notes that by declaring treaties to have the force of law, the Supremacy Clause makes them enforceable in the courts as a matter of domestic constitutional law. It states that the treaties were contracts between nations which had depended on interest and honor for their efficacy. It also provides information on the subsequent decision of the court in several trials including "United States v. Percheman" and "Medellin v. Texas." It also says that the Percheman rule seeks to control the domestic legal consequences of the treaties they negotiate.
- Published
- 2008