SocraticGadfly: Appeals court folds, spindles and mutilates Constitution, ruling treaties are not federal law, committing an impeachable action

August 30, 2006

Appeals court folds, spindles and mutilates Constitution, ruling treaties are not federal law, committing an impeachable action

And shock me that it was the D.C. Court of Appeals

The D.C. Court recently ruled that the Environmental Protection Agency acted legally in allowing agribusinesses to increase their use of methyl bromide during a phase-out of the ozone-depleting product.

The Natural Resources Defense Council, plaintiff in the case, claimed the mega-growers of Big Ag were violating the Montreal Protocol, an international treaty duly approved by the U.S. Senate, regulating the phase-out of ozone-damaging chemicals.

Here’s the doozy:

The court unanimously ruled that an international treaty could not be considered a federal law.

Really?

Let’s check the Constitution.

Article III, Section 2:
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority.

It sure sounds like a treaty, which is made “under their authority,” i.e., the authority of “the laws of the United States,” is itself therefore a federal law.

But, of course, that’s the minor point.

Let’s look at Article VI, which any constitutional lawyer, at least one in international law, knows by heart.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.

(Emphasis added.)

Doesn’t get any clearer than that.

But that’s STILL not all. More from Article VI:
All executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution.

That would include supporting the earlier part of Article VI about treaties being the supreme law of the land.

By deliberately and willfully ruling otherwise, the members of the D.C. Court of Appeals have violated their oaths of office and are liable to impeachment, which will of course never happen.

That’s what you get with a conservative activist judiciary.

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