[extropy-chat] Treaties ratified by the US Senate

J. Andrew Rogers andrew at ceruleansystems.com
Sat Jun 25 03:20:33 UTC 2005


Brett Paatsch wrote:
> Can you please show me, if you are able and I do think you are, and
> perhaps this will help you show some of your developing skills with
> marshalling a legal arguments concisely, how it is that you have 
> concluded that "treaties that ate ratified by the US Senate are US law."


Treaties are not a legislative action and so they are not "law".  A treaty is a contract between 
governments, and does not in and of itself bind private citizens to the terms of that contract.

As a practical matter the governments that sign treaties are often compelled to pass laws 
that reflect the terms of the contract.  The Senate could ratify treaties all day, but unless the 
House of Representatives agrees to pass laws that enforce the terms of the treaty it is not 
binding on the private citizen, only on the government.

I am not a lawyer either, but this much seems obvious.

j. andrew rogers




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