Anthony Kennedy to retire this year?

[Bricker]

@AK84

What about conservatives who have read down the Treaty clause of the US Constitution, because they don’t like the text of the treaty? Like some guy named Bricker

Here’s what I said in the post you linked:

@Bricker

Our federal government is one of limited, enumerated powers. The Constitution lays out the powers the federal government has, and notes that all other rights and powers are reserved to the states, or to the people. To add a power to the federal government that the Constitution doesn’t already grant requires an amendment to the Constitution.

If a treaty made by the federal government could trump state law on any and every subject, then we have the curious contradiction that the federal government could grant itself any power merely by including the language in a treaty.

That’s not how it works. A treaty may only reflect Congress’ powers. It may not exceed the powers of the federal government.

And I absolutely agree with that today.

But I am still waiting for you to refresh my recollection – when did I adopt this position “because * don’t like the text of the treaty?” I hold my commentary to be accurate regardless.

If, for example, the United States were to enter into a treaty with Vatican City, in which each agrees to ban abortion in all its territory, and the Senate confirmed this treaty, I argue it would not have the legal effect of banning all abortion in the United States, even though I very much like that outcome.