Thursday, October 31, 2013

DOJ Argues International Treaty Can Trump the Constitution



DOJ Argues International Treaty Can Trump the Constitution
Justice Department attorneys are advancing an argument at the Supreme Court that could allow the government to invoke international treaties as a legal basis for policies such as gun control that conflict with the U.S. Constitution, according to Sen. Ted Cruz, R-Texas.

Their argument is that a law implementing an international treaty signed by the U.S. allows the federal government to prosecute a criminal case that would normally be handled by state or local authorities.

That is a dangerous argument, according to Cruz.

“The Constitution created a limited federal government with only specific enumerated powers,” Cruz told the Washington Examiner prior to giving a speech on the issue today at the Heritage Foundation. “The Supreme Court should not interpret the treaty power in a manner that undermines this bedrock protection of individual liberty,” Cruz said.

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