Oleg the Prophet?

[dischord]

Zedicus,

I'm still not seeing it, and I sometimes can be overly reactionary about dangers to liberty.

PMATULEW: Not real keen on this section

"4.3, Notwithstanding the terms of paragraph 2 of this article, extradition shall not be granted if the competent authority of the Requested State determines that the request was politcally motivated. In the United States, the executive branch is the competent authority for the pourposes of this Article."

Kind of eliminates one of those checks and balances that's supposed to be built in to our judicial system.

Competent doesn't mean final, and there is nothing to suggest that this treaty would force extraditions without the right to judicial review.

I'm not defending the treaty, mind you -- I'm simply not seeing what others are seeing.

 

[Correia]

The hyperbole in that article is astounding. And I don't like the treaty, so we are on the same side here, but come on guys, lets be serious for a minute. When we get all worked up and start foaming at the mouth on political issues like this we make our whole side look silly. You want to know why we get marginalized by the fence sitters? It is stuff like this.

This is an extradition treaty. The British are not going to confiscate Mt. Vernon, Monticello, or the thirteen colonies, though I would gladly let them take Mass... Lets be realistic. If you don't like the idea of the treaty, write your reps and let them know why in an intelligent manner.

I can promise that if you write your Senator and start going off about how the brits are going to posthumeously put George Washington on trial for crimes against the crown, the staffer that opens it is going to drop in in the crank bin.

The issues here are important, but lets not get caught up in the fringe on the flag issues.

 

[R.H. Lee]

I'm DEFINITELY NOT a legal scholar, so could someone who knows please inform me-

Does a treaty between two countries override/replace the operation of law in each country relating to the scope of the treaty? Or is the treaty an "addendum" to the existing laws of each country?

 

[Sergeant Bob]

Limited Government in Relation to The Constitution's Treaty Clause

(a) Treaties

The Constitution is the "supreme Law of the Land." It is controlling as to all officials of the three Branches of the Federal government--Executive, Legislative and Judicial--with regard to all of their pronouncements, actions, decisions, agreements and legislative Acts. Each of them is sworn, by oath of office, to support the Constitution only. To be valid, any treaty must be strictly in conformity to--free from any conflict with--the Constitution. A treaty is like a Federal law in this respect.

The Constitution is supreme over laws and treaties; it expressly states (Article VI, Section 2) that: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land . . ." This means that any such Law (Act of Congress) which violates the Constitution is automatically made null and void to start with--nullified by the Constitution itself--and therefore cannot be a part of the "supreme Law of the Land." This is also true as to treaties.

 

[R.H. Lee]

Thank you Sgt Bob. It would appear that the author of the original article is nothing more than another foaming-at-the-mouth-hate-bush-reactionary-psychotic with a disingenuous political agenda.

hyperbole indeed

pffftttt...

 

[Kinsman]

How many thousands of "laws" are, or should be, "null and void" because permission is not granted by the US Constitution?

Still, I can't seem to be very excited by this. We have bigger fish to fry.

 

[mountaindrew]

If the brittish "declared" the US contitution null and void, do you think ther would be A SINGLE American who would listen to them? Do you really think Or government would Just roll over And let the red-coats come back and invade us again? I mean really! They would lose thier jobs! Even if they dont give a hoot about our rights, we all know any elected officials highest priority is saving thier own butt! I dont have alot of faith in the system, But I KNOW the constitution and our way of government can survive this little treaty.

 

[mountaindrew]

In case they do Invade, we should work out a signal! I know, One if by land, Two if by sea! Wait a minute, That sounds familiar.....