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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