[Download] "Treaties, Execution, And Originalism in Medellin V. Texas." by Harvard Journal of Law & Public Policy " Book PDF Kindle ePub Free

May 10, 2021

eBook details

Title: Treaties, Execution, And Originalism in Medellin V. Texas.
Author : Harvard Journal of Law & Public Policy
Release Date : January 22, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 278 KB

Description

The unique structure of the United States government creates tensions for the country when it deals with the international community. Most notably, the sharing of sovereignty between the federal and state governments, and between the different branches of the federal government, can create enormous tension between our international obligations and our obligation to constitutional structure. As the world continues to grow smaller, the frequency of these conflicts will surely increase. Last Term, in Medellin v. Texas, (1) the tensions between federalism, separation of powers, and international obligations took center stage, when the Court held that the United States's constitutional structure of government trumped its international obligations. (2) Specifically, the Court held that the United Nations Charter, a treaty to which the United States is a party, did not make judgments of the International Court of Justice (ICJ) directly binding and enforceable as domestic law in a state court, and that the President lacked independent power to require states to comply with ICJ judgments. (3)