The International Court of Justice can demand new trials for foreign citizens in the US who weren't told they could contact their embassy or consulate. President Bush can order that States will comply with the ICJ.
However, the States don't have to pay any attention to either of them. The part of the Vienna Convention which the ICJ and President tried to enforce is not self enforcing. In other words, when the treaty was approved by the Senate and signed by the President it did not state that it would become law within the signatory countries. Therefore, in order for the treaty to have force of law within the U.S. the Congress had to pass a law enforcing it.
Congress did not. Thus, the President as chief of the executive branch had neither power to enforce under the treaty itself nor power to enforce under a congressionally mandated statute. He had no power to execute and his mandate that the States enforce is unconstitutional.
Subscribe to:
Post Comments (Atom)
Popular entries
-
With the price of gas in the modern day, I've looked around at scooters/mopeds a little bit. An interesting thing out there is the 3 whe...
-
An interesting part of Michigan v. Bryant is the hostility which bleeds through the decision to the decoupling of the hearsay exceptions fr...
-
June 16, 2004 In this newsletter: HAWAII EXTENDS ACT 221 Hawaii has some very impressive and generous tax incentives. Considering all the pu...
-
Every time I get on Facebook it tries to set me up with someone. Now, not to be too cynical about things, but girls who looked like that wer...
-
This month's edition of The National magazine ( National (English) - October/November 2010 ) has a significant multi-page article on pri...
-
In the "Street View" lawsuit with the Borings (see: Boring lawsuit over Google's "Street View" ), Google has filed a...
-
There's been a bit of a buzz lately about laptop inspections by the Department of Homeland Security ( Crossing the border? Consider the ...
-
Apparently both the Privacy Commissioner of Canada and Facebook intend to hold separate press conferences tomorrow to discuss the outcome of...