“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.”
-U.S. Constitution, Article VI, Paragraph 2
(The “Supremacy Clause”)
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Veterans Against Torture
Slide 3- Article VI, Section 2 of the Constitution makes treaties
the "Supreme Law of the Land" co-equal in authority with acts of Congress.
The treaties establishing international laws of war are fundamental documents
about which there is no ambiguity. It’s very strange to me that the
Supremacy Clause of the Constitution is never mentioned in debates about
the war. Public opinions on the war’s shifting rationales, intentions,
mistakes, effects, outcomes etc. are all largely irrelevant, because the
war is plainly illegal under our Constitution, period. We must demand
that our nation respect international law, its treaty obligations, and
its own Constitution or we no longer have a constitutional democracy and
can claim no moral authority in the world.