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Politics : Foreign Affairs Discussion Group
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To: Neocon who wrote (125967)3/12/2004 1:03:10 PM
From: carranza2  Read Replies (1) of 281500
 
The answer is, that neither has any intrinsic superiority over the other and that therefore the one of later date will prevail

A very simple and correct exposition of the obvious.

A longer and equally correct exposition of the obvious:

'It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument. This results from the nature and fundamental principles of our government. The effect of treaties and acts of Congress, when in conflict, is not settled by the Constitution. But the question is not involved in any doubt as to its proper solution. A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty.' The Cherokee Tobacco, 1870, 11 Wall. 616, 620-621, 20 L.Ed. 227.
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