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Can a treaty ratified by the Senate trump the U.S. Constitution? This point comes up from time to time in discussions regarding possible new treaties, and possible new approaches to regulate guns. Most people think a treaty would not be superior in authority to the provisions of the Constitution. Most people, however, have apparently not read the Constitution (or, at least they have not read it thoroughly enough.) Conservatives have been concerned about the "treaty supremacy" problem of Article 6 of the United States Constitution for about 60 years, but no successful effort has ever been mounted to ammend that article.
Article 6 states that treaties made pursuant to the mechanisms described in the constitution, (2/3 Senate ratification) are the supreme law of the land:
"All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. "
There is a 200 year history of case law that deals with the issue of National Supremacy as elucidated in Article 6, including but by no means limited to the following examples.
Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796): "the Supreme Court held that the supremacy clause rendered null and void a state constitutional or statutory provision which was inconsistent with a treaty executed by the Federal Government"
Furthermore, from Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304, 335 (1816). State courts have both the power and the duty to enforce obligations arising under federal law, unless Congress gives the federal courts exclusive jurisdiction. Claflin v. Houseman, 93 U.S. 130 (1876); Second Employers' Liability Cases, 223 U.S. 1 (1912); Testa v. Katt, 330 U.S. 386 (1947): ''[it] is imperative upon the state judges, in their official and not merely in their private capacities. From the very nature of their judicial duties, they would be called upon to pronounce the law applicable to the case in judgment. They were not to decide merely according to the laws or Constitution of the State, but according to the laws and treaties of the United States--'the supreme law of the land'.''
Article 6 states that treaties made pursuant to the mechanisms described in the constitution, (2/3 Senate ratification) are the supreme law of the land:
"All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. "
There is a 200 year history of case law that deals with the issue of National Supremacy as elucidated in Article 6, including but by no means limited to the following examples.
Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796): "the Supreme Court held that the supremacy clause rendered null and void a state constitutional or statutory provision which was inconsistent with a treaty executed by the Federal Government"
Furthermore, from Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304, 335 (1816). State courts have both the power and the duty to enforce obligations arising under federal law, unless Congress gives the federal courts exclusive jurisdiction. Claflin v. Houseman, 93 U.S. 130 (1876); Second Employers' Liability Cases, 223 U.S. 1 (1912); Testa v. Katt, 330 U.S. 386 (1947): ''[it] is imperative upon the state judges, in their official and not merely in their private capacities. From the very nature of their judicial duties, they would be called upon to pronounce the law applicable to the case in judgment. They were not to decide merely according to the laws or Constitution of the State, but according to the laws and treaties of the United States--'the supreme law of the land'.''