A guest blogger at the Volokh Conspiracy is doing a series of posts about treaties and the United States’ Congress’ powers and the ability to enforce them.
Rather than offer my own views on that subject (which is way beyond my expertise, in part because IANAL), I’ll instead draw attention to a curious contradiction among many in the religious
right wrong. In concerns the United States’ Constitution’s Supremacy Clause (Article VI, Clause 2), which reads as follows:
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; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
The people in the religious
right wrong use this section to argue that the United Nations Convention on the Rights of the Child, if ratified by the US Senate, will somehow threaten “parental rights” or homeschooling or other such stuff. (As every other country [except Somalia, which hasn’t signed] shows, such claims are nonsense, but showing why is beyond the scope of this post). In other words, they are required to believe that any international treaty overrules whatever laws are in force in the US, even if Congress legislating in that area would be ultra vires (beyond its powers).
right wrong also believe that the US is founded as a Christian nation. This is in spite of the Treaty of Tripoli, which the US Senate unanimously ratified over two centuries ago. The relevant section is Article 12, which reads as follows (spelling and wording in original):
As the government of the United States of America is not in any sense founded on the Christian Religion,-as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen,-and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.
In other words, the religious
right wrong believes that treaties overrule law when they provide rights to children, but not when they refute the Christian nation myth.
Those two positions are contradictory. One cannot rationally believe both. If they truly believe that the US was founded as a Christian nation and that the Treaty of Tripoli does not apply, then they can forever shut up about the UNCRC overruling any other law and threatening parental rights. If, by contrast, they believe that the UNCRC does overrule other laws, they then can shut the fuck up about the US being founded as a Christian nation.