Abstract

http://ssrn.com/abstract=1484842
 


 



Medellin, Avena, the Supremacy of Treaties and Relevant Executive Authority


Jordan J. Paust


University of Houston Law Center


Suffolk Transnational Law Review, Vol. 31, p. 301, 2008
U of Houston Law Center No. 2009-A-25

Abstract:     
The article addresses treaty-based obligations of the United States under the United Nations Charter to enforce a binding judgment of the International Court of Justice in Case Concerning Avena (Mexico v. United States) and U.S. Executive execution of the judgment through an executive memorandum - all of which the majority of the Supreme Court disagreed with in Medellin v. Texas (2008). The article also addresses important U.S. Constitutional issues concerning the Article II mandate to the President to faithfully execute the laws, the supremacy of all treaties against the laws of states within the U.S., federal preemption, and state power to comply with decisions of the International Court of Justice. In particular, the article addresses several Supreme Court opinions that were not addressed by the majority in Medellin and which demonstrate that the President has the competence, and responsibility, faithfully to execute treaties despite a statement in the majority opinion to the contrary. The article also documents why the Tenth Amendment is no barrier with respect to the reach of treaty law and documents numerous federal and state court cases on point as well as the many subjects regulated by treaty law that have had primacy over state authority.

Number of Pages in PDF File: 34

Keywords: Avena, Constitution, delegated, enhancement of power, execute the law, execute treaties, federal preemption, Founders, Framers, I.C.J., Medellin, president, self-executing, supremacy, Tenth Amendment, textualist, treaty, U.N. Charter, Vienna Convention

Accepted Paper Series


Download This Paper

Date posted: October 8, 2009  

Suggested Citation

Paust, Jordan J., Medellin, Avena, the Supremacy of Treaties and Relevant Executive Authority. Suffolk Transnational Law Review, Vol. 31, p. 301, 2008; U of Houston Law Center No. 2009-A-25. Available at SSRN: http://ssrn.com/abstract=1484842

Contact Information

Jordan J. Paust (Contact Author)
University of Houston Law Center ( email )
100 Law Center
Suite 230 BLB
Houston, TX 77204-6054
United States
Feedback to SSRN


Paper statistics
Abstract Views: 597
Downloads: 130
Download Rank: 124,448

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.375 seconds