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US doesn't honor treaties and Texas sucks.
I see this as lawyer bull**** and a national disgrace. I mean why should any country sign a treaty with the US if it disregards treaties when ever it becomes politically popular to do so? This is just a crock.
So what is this case about? Jose Ernesto Medellin is a Mexican national who was convicted in Texas in 2004 of taking part in the gang rape and murder of two young women in 1993. I agree a horrible crime. The problem is under the 1963 Vienna Treaty foreign nationals are entitled to consult and receive advice from their embassy when accused of a crime. In this case the local authorities in Texas prevented the accused from contacting his embassy until after he had been convicted and sentenced to death. This is a clear violation of the US's treaty obligations under the Vienna Treaty and of the US Constitution. Here's a quote from the constitution:
The constitution is very clear that treaties which have been duly ratified take precedence over any state laws contrary to treaty obligations (provided that treaty does not violate the US Constitution). Texas claimed that Texas's state law didn't require the Mexican embassy to be notified; a clear violation of American treaty obligations. Despite this violation an appeals court in Texas ruled for the State of Texas claiming that state sovereignty and thus state laws trumped US treaty obligations. WTF?! Did those dumbasses in Texas read the Constitution?
To top this off under the Vienna Treaty all signatories agreed to subject disputes to the International Court of Justice (ICJ) in Vienna and the ICJ ruled in favor of Mr. Medillin and against the state of Texas ruling that the state of Texas violated Mr Medillin's treaty rights.
So this should be a slam dunk right? Wrong, the Supreme Court just ruled that states can ignore treaties citing state sovereignty and executive privilege which is bizarre given that for once Bush was actually trying to enforce international law even telling the court that 50 other cases in Texas would have to be thrown out due to Texas violating the Vienna Treaty. This is an absolutely bizarre rulling. Naturally, the right wing blogosphere is cheering about "protecting American sovereignty" and engaging in racial bashing of hispanics.
I suspect that public opinion and the current right wing craze for xenophobia, nativism, and blaming everything on Hispanics is to blame. The majority on the court based their flawed argument on a previously poorly reasoned case both of which are in direct violation of very clear Constitutional language quoted above. It sucks that if the law was actually followed that murders would walk free but we must be a nation of laws and police are not free to break the law or ignore international treaties duly ratified when ever they please.
This is just horse ****.
So what is this case about? Jose Ernesto Medellin is a Mexican national who was convicted in Texas in 2004 of taking part in the gang rape and murder of two young women in 1993. I agree a horrible crime. The problem is under the 1963 Vienna Treaty foreign nationals are entitled to consult and receive advice from their embassy when accused of a crime. In this case the local authorities in Texas prevented the accused from contacting his embassy until after he had been convicted and sentenced to death. This is a clear violation of the US's treaty obligations under the Vienna Treaty and of the US Constitution. Here's a quote from the constitution:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and 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
To top this off under the Vienna Treaty all signatories agreed to subject disputes to the International Court of Justice (ICJ) in Vienna and the ICJ ruled in favor of Mr. Medillin and against the state of Texas ruling that the state of Texas violated Mr Medillin's treaty rights.
So this should be a slam dunk right? Wrong, the Supreme Court just ruled that states can ignore treaties citing state sovereignty and executive privilege which is bizarre given that for once Bush was actually trying to enforce international law even telling the court that 50 other cases in Texas would have to be thrown out due to Texas violating the Vienna Treaty. This is an absolutely bizarre rulling. Naturally, the right wing blogosphere is cheering about "protecting American sovereignty" and engaging in racial bashing of hispanics.
I suspect that public opinion and the current right wing craze for xenophobia, nativism, and blaming everything on Hispanics is to blame. The majority on the court based their flawed argument on a previously poorly reasoned case both of which are in direct violation of very clear Constitutional language quoted above. It sucks that if the law was actually followed that murders would walk free but we must be a nation of laws and police are not free to break the law or ignore international treaties duly ratified when ever they please.
This is just horse ****.
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