My new book - Dumbing Down the Courts: How Politics Keeps the Smartest Judges Off the Bench, You can click on the above picture to be linked to Amazon.
Welcome! Follow me on twitter at @johnrlottjr . Please e-mail questions to firstname.lastname@example.org.
posted by John Lott at 3:02 PM
A simple lesson in logic for Mr Schornack and those holding similar opinions:No person of body can delegate or assign any powers that it holds itself.The US Government can legitimately exercise only those powers explicitly granted it under the US Constitution, while any and all limitations and restrictions on the exercise of those powers (e.g., the 5th Amendment prohibition of the taking of property without due process and just compensation) provided in the Constitution.Therefore, no treaty entered into by the United States can authorize any international entity powers not legitimately held by the US government.Be thankful that the property owners are dealing with this matter in the courts rather than as a simple home invasion.
? In the United States, our constitution expressly makes a treaty part of the “supreme Law of the land;” Article VI, § 2. The legal question in the United States, and in any nation with similar domestic laws, is the interplay between domestic law and international law, particularly the domestic effects of treaties. In Sei Fujii v. State of California, 217 P.2d 481 (1950), a state court of appeal (the middle level between trial courts and a state’s highest court) struck down a state law as contravening Article 55 of the United Nations Charter, holding that the Charter was “self-executing” - that it had effect without any further state or national law. The California Supreme Court reversed, 242 P.2d 617 (1952), holding that the national 14th Amendment controlled because the Charter was not self-executing. The controlling case at the national level is Reid v. Covert, 354 U.S. 1 (1957), which held that “no agreement with a foreign nation can confer power . . . which is free from the restraints [found in all the other clauses] of the Constitution.” However, in more recent cases, foreign precedents have played very large roles in national Supreme Court decisions, most notably in Atkins v. Virginia 536 U.S. 304 (2002) (execution of the mentally retarded forbidden) and Lawrence v. Texas 539 U.S. 558 (2003) (sodomy law struck down). Would the current Supreme Court treat a Reid case any differently today? I frankly do not know.
Dear Kelly Haggar:Thanks, but I think that the treaty doesn't give the international commission the power that it claims. Nor do I believe that also implies that President Bush can't remove the official.
Post a Comment
Create a Link
My commentary on a broad array of economics and crime related issues.
View my complete profile
More Guns, Less Crime
At the Brink
The Bias Against Guns
Straight Shooting: Firearms, Economics and Public Policy
Are Predatory Commitments Credible? Who Should the Courts Believe?
-Research finding a drop in violent crime rates from Right-to-carry laws
-Interview with the Washington Post
-Debate on "Guns Reduce Crime"
-Appalachian law school attack
-Sources for Defensive Gun Uses
-The Merced Pitchfork Killings
-Fraudulent website pretending to be run by me
-Steve Levitt's Correction Letter
-Ian Ayres and John Donohue
-Other issues regarding Steve Levitt
-National Academies of Science Panel on Firearms
-Baghdad murder rate
-General discussion of my 1997 and 2002 surveys as well as related surveys
-Problems with Wikipedia
-Errata for Gun Books
-US Supreme Court Wire
-Futures for Financial Markets
Economist and Law Professor David D. Friedman's Blog
Economist Robert G. Hansen's Blog
Maxim Lott's Blog
Economist John Palmer's Blog
Economist Greg Mankiw's Blog
Of Arms & the Law
Firearmstruth.com -- a media-watchdog website
Crime file news -- Paul Huebl
Cold Comfort, Economist John Lott discusses the benefits of guns--and the hazards of pointing them out.
A debate that I had with George Mason University's Robert Ehrlich on guns
Lyonette Louis-Jacques's page on Firearms Regulation Worldwide
An interview concerning More Guns, Less Crime: Understanding Crime and Gun Control Laws
The End of Myth: An Interview with Dr. John Lott
Art DeVany's website, one of the more innovative economists in the last few decades
St. Cloud State University Scholars
Bryan Caplan at George Mason University
Alphecca -- weekly review on the media's coverage of guns
Xrlq -- Some interesting coverage of the law.
Career Police Officer
Gun Law News
Darnell's The Independent Conservative Blog
Robert Stacy McCain's Blog
Clayton Cramer's Blog
My hidden mathematical ability (a math professor with the same name)
My Old AEI Web Page
Al Lowe's blog
St. Maximos' Hut
Elizabeth Blackney's blog
Your "Economics" Portal to the World by Larry Low
Dr. T's EconLinks.com
Interview with National Review Online
Blog at Newsmax.com
Pieces I have written at BigGovernment.com
Spanish Translation of this Website
Updated Media Analysis of Appalachian Law School Attack
Journal of Legal Studies paper on spoiled ballots during the 2000 Presidential Election
Data set from USA Today, STATA 7.0 data set
"Do" File for some of the basic regressions from the paper
International Crime Victimization Survey data from 2000
John Lott's CV
RSS feed | Atom.xml feed
RSS feed | Atom.xml feed
RSS feed | Atom.xml feed