Author Topic: Ted Cruz criticizes DOJ for arguing international treaty can trump the Constitution  (Read 379 times)

0 Members and 1 Guest are viewing this topic.

Offline Rapunzel

  • Hero Member
  • ****
  • Posts: 71,719
http://washingtonexaminer.com/ted-cruz-criticizes-doj-for-arguing-international-treaty-can-trump-the-constitution/article/2538205

Ted Cruz criticizes DOJ for arguing international treaty can trump the Constitution
By JOEL GEHRKE | OCTOBER 30, 2013 AT 3:50 PM


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.
Sign Up for the Politics Today newsletter!

In his speech, Cruz said the Justice Department is arguing "an absurd proposition" that "could be used as a backdoor way to undermine" Second Amendment rights, among other things.

The underlying case, Bond v. United States, involves a woman charged with violating the international ban on chemical weapons because she used toxic chemicals to harass a former friend who had an affair with her husband.

Under the Constitution, such an offense would be handled at the state level. In Bond's case, the federal government prosecuted her under the Chemical Weapons Convention Implementation Act.

That law implements the Chemical Weapons Convention, the international treaty Syrian dictator Bashar Assad is accused of violating in that country's vicious civil war.

"The problem here is precisely that Congress, rather than implementing the treaty consistent with our constitutional system of federalism, enacted a statute that, if construed to apply to petitioner’s conduct, would violate basic structural guarantees and exceed Congress's enumerated powers," according to Bond's lawyers.

The Judicial Crisis Network's Carrie Severino said the Bond case could have ramifications for many other issues.

"If the administration is right, the treaty power could become a backdoor way for the federal government to do everything from abolishing the death penalty nationwide, to outlawing homeschooling, to dramatically curtailing the states' rights to regulate abortion," she told the Washington Examiner.

The Judicial Crisis Network is a conservative legal activist group.
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline GourmetDan

  • Hero Member
  • ****
  • Posts: 7,090
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.

Absolutely must disarm U.S. citizens before they turn us over to the NWO.

Won't work otherwise...


"The heart of the wise inclines to the right, but the heart of the fool to the left." - Ecclesiastes 10:2

"April Fools Day is the one day of the year that people critically evaluate news articles before accepting them as true." - Unknown


Share me

Digg  Facebook  SlashDot  Delicious  Technorati  Twitter  Google  Yahoo
Smf