BobKamman
Level 15

@joshuabarksatlcs "Treaty was superior over the (otherwise constitutional) statue,"

You mean statute, but your spellchecker might not have understood.  But that is not what that case was about.  The treaty allowed the government to take action that would have been unconstitutional if only allowed by statute. 

Not every treaty article can overrule every Constitutional provision.  But some treaties can sometimes allow some actions that would otherwise be contrary to the Constitution. Taxing an American in Brazil on unemployment, while not taxing an American in Canada, violates Equal Protection.  No one has a problem with that.   

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