Treaties: When Are They Part Of “The Supreme Law Of The Land”?


If the U.S. Senate ratifies the U.N. Convention on the Rights of the Child, will it become part of the supreme Law of the Land?   If the Senate ratifies the “cap and trade” climate change treaty, will that become part of the supreme Law of the Land?

We hear it said that whenever the Senate ratifies a treaty, it becomes part of “the supreme Law of the Land”.  But is that True?  Not necessarily!  Walk with me, and I will show you how to think through this question, and how to analyze other constitutional questions which come your way.

You must always ask: Is this authorized in the Constitution?
Where exactly in the Constitution? And precisely what is authorized by the Constitution?

1.  Does the federal government have authority to make treaties?  Can treaties be about any object? Or, are the proper objects of treaties limited by The Constitution?

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