The second paragraph of Article VI of the U.S. Constitution states: “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.”
This language has sometimes been misinterpreted by people who claim that an international treaty therefore can effectively override provisions in the Constitution, including the Bill of Rights. That is not the way that the U.S. Supreme Court has interpreted the language of Article VI.
On June 10, 1957, the Court issued a landmark decision in the case of Reid v. Covert, 354 US 1. The case involved a woman named Covert, who was charged with killing her husband while they were living in England, and he was serving in the U.S. military. There was an agreement between the United States and the UK that any crime committed in Great Britain by members of the U.S. military, or their dependents, would be tried by U.S. Military Tribunal. Mrs. Covert had been found guilty of murder by such a tribunal.
The U. S. Supreme Court overturned the conviction, and found that: “no agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution.” The Court also stated that: “…an international accord that is inconsistent with the U.S. Constitution is void under domestic U.S. law, the same as any other federal law in conflict with the Constitution.”
The High Court specifically distinguished the Reid case from the so-called “Insular Cases,” that had been decided by the Supreme Court in the early 20th Century. These cases included Goetze v. United States, 182 U.S. 221 (1901), Dooley v. United States, 182 U.S. 222 (1901), and Armstrong v. United States, 182 U.S. 243 (1901), among others. The central question in all of these cases was whether full U.S. Constitutional rights were extended to citizens of U.S. Territories acquired by the Treaty that ended the Spanish – American war.
The Supreme Court ultimately decided that the rights were not extended automatically, but were based on considerations, like the official status of the territory as either incorporated or unincorporated. In other words, the issues were far different from those in the Reid case, and Justice Black pointed out in that case that: “neither the cases nor their reasoning should be given any further expansion. The concept that the Bill of Rights and other constitutional protections against arbitrary government are inoperant when they become inconvenient or when expediency dictates otherwise is a very dangerous doctrine and if allowed to flourish would destroy the benefit of a written Constitution and undermine the basis of our government”.
It is clear that the Justices in the Reid case were not in favor of further limitations of Constitutional rights, even when the citizens were outside of the U.S., and certainly not because of an international treaty. It is also clear that they were saying that no treaty, even if signed by the President, and ratified by the Senate, can take precedence over the Constitution. This decision has stood for 45 years, and there appears to be no compelling reason for it to be changed.
Article VI of the Constitution only provides that treaties can be considered equal to U.S. statutes and laws when considered by the Court. However, they cannot be used to alter the U.S. Constitution, or to deny Constitutional rights to American citizens, or to the American states. Therefore, even if the U.N. Small Arms Treaty is finalized, signed by the President, and ratified by the U. S. Senate, it would not take away the rights of Americans to keep and bear arms under the provisions of the 2nd Amendment to the Constitution.
Please share this post with your friends and comment below. If you haven’t already, take a moment to sign up for our free newsletter above and friend us on Twitter and Facebook to get real time updates.
Follow @WestJournalism
About Michael Connelly, Esq.
Loading ...
o the great will decide what is best for this country not the frivolous wording in the Constitution of the United States of America. And certainly not the mere opinions of the working class (or entitled class as it were).
Since the treaty didn’t involve the Constitutional rights of the killer (unless we’ve ‘incorporated’ Great Britain into the US), the opinion is only blather smokescreening the Court’s freeing of a murderer. The Warren Court generally didn’t approve of punishing murderers, or any other guilty criminals.
I hope this means that if Hillary or Obama sign the UN Gun Treaty that the Constitution trumps it.
When has the Constitution meant a damn to Obama, Hillary, Reid, Pelosi and most of the Democrat senators and congresspeople? You are right but so was the Supreme Court when Andrew Jacson defied the Justices of his administration. If we do not overhaul the makeup of Congress and especially elect a different president the the hell with the Constitution; they only look at it as an obstacle that they have to cleverly find ways around. If Republicans win in November they will also have to watched and pressured to do the right thing.
In theory anyway. I am with you 100% on your stand that the Constitution trumps all, however, our entire government is being manipulated into something alien to America. The fundamental transformation of government is what was promised, and unfortunately he is delivering. So, how do we get rid of this Agenda 21 garbage that is permeating all levels of government? I think that a bloodless coup de tat has occured, and America was asleep at the switch.
The citizens of the United States are letting this mobster destroy America and you are so right America has been asleep or just sat by and watched things happen. I always thought we as a country were smart and we showed we loved our country but since that mad man took over we have fallen behind and so many people have fallen under his powers and his powers are only as strong as we allow them to be and if we the citizens stood up to the mad man and his mafia we could take back our country. All it takes to be elected is to be the biggest liar and crook and Nobama fit the bill just right as did the people he appointed to office. Tax cheaters, people who were as slimey as he is and he goes after Romney on taxes? If something doesn’t stink in our government then people are either stupid or blind. I love my country but as far as our government they are all liars, crooks and all need to be replaced.
IT STILLS STANDS AND ANYONE WHO DOUBTS THIS FACT IS A TERRORIST AND SHOULD BE TRIED FOR TREASON
The Constitution has served us well and just what right does NOBAMA or any member of his mob to change it or try to change it. It should be up to the people in this wonderful country and not an American hater Muslim. Everything in the paper as of late about Muslims vs Christians does anyone find it strange that the Muslim come out on top and that Christians are threatened?
Nobama is out to destroy this country (what he has not already destroyed) and if we the people let him get by with it then we are as guilty as he is. It is time for the true American Citizens stand up to this Nobama mob and take back our country. Enough is enough and there are not enough jails to hold everyone who is sick of Nobama and his mob or mafia. If people want to continue to see him destroy the country and dismantle the Constitution then sit and do nothing but I would be willing to go to jail to defend what is the best country in the world.
I agree with stricter gun control! I believe that a law needs to be enacted! This law shall read as such!
“Every Native Born American citizen is obligated and has the right to purchase any weapon that is available on the public market! No individual citizen shall be forced to act upon these rights and can turn down these rights at any time! The quantity of weapons stock piling by any individual citizen shall not be inhibited unless it is determine that it is for purposes that are to be carried out against the public’s inhabitants! Every individual citizen is entitled and obligated to receive training that will be provided by the government. This training will be provided during the freshmen year of schooling! At the successful completion of this course, a single handgun with a single case of rounds will be issued and paid for by the government, to each citizen who is then liable for the care and possession of that weapon! Every citizen 18yrs or older are encouraged to apply for a concealed weapons permit and to maintain possession of a hand gun at all times! Training for the concealed weapon permit will be provided in the senior year of schooling as the permit can be attained on the day of their 18th birthday! All training shall cover safety, proper use and care for their weapon, legal condition and times when a weapon may and may not be used, and all legal consequences for the misuse of this right! Any citizen that is undergoing mental health treatment for illnesses associated with mental instability or is to receive medication that may cause mental instability will forfeit their weapons until such time that the patient is deemed as no threat and determined to be completely and fully mentally stable and safe to regain possession of their weapons! No charges shall incurred by these patients for the storage, care, security and handling of their weapons while receiving treatment! Any individual citizen who has been convicted of any violent crime, including but not limited to domestic violence, will forfeit their legal rights to bear arms! No Naturalized Citizen will be eligible for possession of any form of weaponry! No weapon shall be seized by any government representative unless misuse or abuse has been verified as set forth in the training stipulations! Any government representative, who fails to abide by this law, shall forfeit their right to bear arms and will forfeit their position as a government representative! This law shall be enacted and set in place to ensure every American their right as stated in the 2nd Amendment of the US Constitution! This law shall be enacted and set in place to ensure every citizen the right of self-defense! This law shall be enacted and set in place to defend and protect our fellow humans and property! This law shall be enacted and set in place to equalize the forces of the American citizenry and the public service group known as “The Government” forces in order to allow for the defense of the public in the case where the government turns against the public in part or in whole of this country! This law shall be enacted and set in place to provide for security in the home, businesses and public locations within the borders of the United States! No government representative, agency, group, board or body has the right to infringe upon this law in any way including executive order! This law shall be enacted and set in place to ensure all Americans the ability to defend this country from invasion or attack by internal or external enemy forces that would act against the sovereignty and freedoms of these United States of America!” Get a legislator to write this up in a bill and get it passed now! Give every citizen a gun and see how many arrogant, stupid, or wacked out individuals will have the gall to attack people anywhere for any reason! The only reason they will act against under these conditions is if they wish to die! In that case, American’s will be happy to oblige!
This is real gun control! Guns in the hands of every American with the ability to control their own action and provide discouragement of the lawless! Any other method allows the lawless to be the only holders of illegal weapons that they will use against the law abiding!