Matt Vd@ and others:
Treaties are made by the President and Congress under their executive and legislative powers, and so are subject to constitutional restraints. This is basic constitutional analysis, so commonly understood that there are not in fact that many cases on it, but here are two of the leading ones:
Foster v. Neilson, U.S.Sup.Ct., 1829, a treaty must "be regarded in courts...as equivalent to an act of the legislature" page 254
Reid v. Covert, U.S. Sup. Ct., (1957), No treaty "can confer power on the Government, which is free from the restraints of the Constitution." page 16
Treaties are made by the President and Congress under their executive and legislative powers, and so are subject to constitutional restraints. This is basic constitutional analysis, so commonly understood that there are not in fact that many cases on it, but here are two of the leading ones:
Foster v. Neilson, U.S.Sup.Ct., 1829, a treaty must "be regarded in courts...as equivalent to an act of the legislature" page 254
Reid v. Covert, U.S. Sup. Ct., (1957), No treaty "can confer power on the Government, which is free from the restraints of the Constitution." page 16