Constitutional Issues Relating to the Proposed Genocide Convention: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, First Session ... February 26, 1985 |
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Page 50
... land , the treaty process presents special problems for the United States . It is urgent to consider now some of the critical questions raised by the increasing use of the treaty as a substitute for domestic legis- lation . Certain of ...
... land , the treaty process presents special problems for the United States . It is urgent to consider now some of the critical questions raised by the increasing use of the treaty as a substitute for domestic legis- lation . Certain of ...
Page 52
... land : the fact is that the contract between sovereigns achieves the status of paramount legislation ; from this premise one may argue that a treaty can abrogate legislation within a sovereign's domestic purview , particularly if it is ...
... land : the fact is that the contract between sovereigns achieves the status of paramount legislation ; from this premise one may argue that a treaty can abrogate legislation within a sovereign's domestic purview , particularly if it is ...
Page 54
... land . Even if the Convention is not self - executing , as claimed by its promoters , it will alter the balance between the states and the federal govern- ment if hasty federal legislation is rushed through Congress which often , adopts ...
... land . Even if the Convention is not self - executing , as claimed by its promoters , it will alter the balance between the states and the federal govern- ment if hasty federal legislation is rushed through Congress which often , adopts ...
Page 55
... land " upon ratification by the United States Senate , even a treaty which contravenes " interpreted " provisions of the United States Constitution may be declared to be the supreme law of the land . Nothing guarantees that a reversal ...
... land " upon ratification by the United States Senate , even a treaty which contravenes " interpreted " provisions of the United States Constitution may be declared to be the supreme law of the land . Nothing guarantees that a reversal ...
Page 65
... Land . Any state constitution which is con- trary to the terms and the language of the treaty will be nullified or will be affected so as to bring it in line with the treaty provisions , just as a federal law may affect or nullify the ...
... Land . Any state constitution which is con- trary to the terms and the language of the treaty will be nullified or will be affected so as to bring it in line with the treaty provisions , just as a federal law may affect or nullify the ...
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Common terms and phrases
action adopted advice and consent agreement American Bar Association Answer approved Article Articles of Confederation authority Chairman charged Charter citizens clause commerce commit genocide CONGRESS THE LIBRARY Consti Constitution construed contracting parties Court of Justice crime of genocide criminal declared delegated draft effect enact ethnical executive exercise Federal Government geno Genocide Convention genocide definition granted House human rights implementing legislation incitement individual intent to destroy International Court international law international penal tribunal interpretation Judge land legislature LIBRARY OF CONGRESS limitations matter ment mental harm obligation opinion persons police power political power of Congress present President and Senate prohibited proposed protection provisions question racial ratification regulate religious group reserved powers respect says self-executing sovereign sovereignty statute submitted supremacy supremacy clause Supreme Court supreme law Tenth Amendment territory tion tional treaty power treaty-making power trial U.S. Constitution U.S. Senate United Nations United States Constitution vention violation
Popular passages
Page 116 - Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: a) killing members of the group; b) causing serious bodily or mental harm to members of the group; c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; d) imposing measures intended to prevent births within the group; e) forcibly transferring children of the...
Page 167 - That if any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Page 84 - Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.
Page 219 - The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people: and the internal order, improvement, and prosperity of the state.
Page 179 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Page 206 - It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.
Page 179 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Page 356 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 341 - These powers ought to exist without limitation, because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means which may be necessary to satisfy them. The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed.
Page 219 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.