Re: International law

From: Robert J. Carpenter, Jr. MD (zygote@icsi.net)
Thu Sep 15 23:08:12 2005


The recent opinion concenring the execution of minors is a great example. The court looked at other countries and used their laws as a reason to ban that practice. The dissent of Thomas and Scalia who I generally disagree with was actually on point. Justice O'Connoir concurred but separately.

In the Texas case concerning Mexican death row inmates they actually upheld the Universal Human Rights act which required nations to inform the consult of the arrest of their citizen. The court applied it to the state. Again the dissent by Scalia, Thomas, and I believe Kennedy was on the mark.

The treaties are respected as a part of our jurisprudence, sometimes whether we like it or not as individuals.

For those interested in the actual case let me know privately, and I will forward.

On 14 Sep 2005 at 18:49, DoctorJoe@aol.com wrote:

>
> In a message dated 9/14/05 1:35:01 PM, el@lisse.NA writes:
>
> > It is my understanding that both in Namibia and Germany these
> > international treaties have the force of law. And unless I am
> > mistaken in the US too.
> >
>
> In the US, when Congress ratifies a treaty, the wording of the treaty
> is codified in U.S. law. So it "becomes" US law just as if Congress
> made it up and passed it de novo.
>
> Just an aside - Congress doesn't ALWAYS adopt the law word for word
> from the other countries' versions. More work for International Law
> lawyers. hehe
>
> Joe P.
>

--
Robert J. Carpenter, Jr. MD
6624 Fannin, #2720
St. Luke's Medical Tower
Houston,TX 77030-2339
713-795-4600




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