Re: [Marxism] Indo-US Nuclear Deal: Kapil Sibal on 123

[Shane Mage <shmage@xxxxxxxxxxxx>]

>
>Quoting Article 6 of the US Constitution, Sibal said
>that the supremacy clause stipulated ?all treaties
>made under the authority of US shall be supreme law of
>the land and judges shall be bound by them anything in
>the Constitution and laws notwithstanding.?

Sibal here is paraphrasing Article VI in what seems a deliberately
falsified way.  Article VI states:

"...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, any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding."

Thus the "supremacy" of a treaty is supremacy over *State* law, arguably
not over *Federal* law and certainly not over the US Constitution,
whose "Authority" precludes the legality of any treaty whose
provisions, if enacted by the regular legislative process, would have
no legal validity because *unconstitutional*!

Shane Mage         

"One can never agree, in any kind of war, with events that take the 
lives of innocent civilians. Nobody could justify the attacks of the 
German Air Force on British cities during World War II, nor the 
thousands of bombers that systematically destroyed German cities in 
the decisive moments of the war, nor the two atomic bombs which the 
United States dropped on Hiroshima and Nagasaki in an act of pure 
terrorism against old people, women and children."  (Fidel Castro)

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