Tuesday, August 15, 2006

Supremacy of the US Constitution

In recent years I have been asked numerous times how treaties can override the Constitution. In each and every case, I hacve definitively shown that treaties do not override the Constitution. My first discussions centered around the "under the authority of the United States" prepositional phrase which qualifies the power to make treaties. "under the authority of the United States" is a very restrictive clause because the ONLY authority possessed by the United States comes from the delegations of power enumerated in the Constitution. Thus to be "under the authority of the United States" restricts the Senate and President to treaties that may arise within the scope of delegated powers, no more.

More recently, I attempted to enlighten some writers on the point of superior versus subordinate. The Constitution is the superior over the Congress, the President, and the supreme Court. Being subordinate to the Constitution, these three branches of government hold no legitimate authority to alter, interpret, or otherwise disobey the Constitution. The power to make treaties is subordinate to the Constitution since the Constitution is the granting authority (the superior) of the power to make treaties. Thus treaties are subordinate to the Constitution for without the Constitution the power to make treaties and thus treaties themselves would be non-existent.

I have found the superior/subordinate position of viewing our governmental system one of the most enlightening for reaching an understanding of just who is in charge. We the People (the superior) created the Constitution through our States (one level down in subordination) that in turn created the federal government (another level down in subordination). The Constitution in setting forth the federal government becomes the superior (the creator) and all bodies (branches of government), rules, regulations, etc arising from the Constitution become subordinate to the Constitution and in turn subordinate to the People.

Nothing more need be said. The Courts can not legitimately interpret the Constitution because they are subordinate and fundamental law theory states the the subordinate cannot define the superior.