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Constitution over Treaty

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  • Legalbear
    Treaties--sometimes--have the force of domestic law, just like legislation; but the Constitution is the supreme law of the land, and neither a statute nor a
    Message 1 of 1 , Dec 22, 2012
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      Treaties--sometimes--have the force of domestic law, just like legislation; but the Constitution is the supreme law of the land, and neither a statute nor a treaty can override the Constitution. Reid v. Covert, 354 U.S. 1, 16-18 (1957) (plurality opinion); Matter of Burt, 737 F.2d 1477, 1484 (7th Cir. 1984); Plaster v. United States, 720 F.2d 340, 348 (4th Cir. 1983) (collecting case law). See also Marbury v. Madison, 5 U.S. (1 Cranch.) 137, 180 (1803) ("a law repugnant to the constitution is void"). La Rosa v. United States, 417 F.3d 145 (1st Cir. 08/03/2005)

       

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