The Conservatarian

Now how many of us knew this was ever on the docket at the US Supreme Court?  Or perhaps knew that the justices were giving their ruling this week? I certainly didn’t. Don’t know what I am talking about? Read this excerpt:

States win over President on criminal law issue 

The Supreme Court, in a sweeping rejection of claims of power in the presidency, ruled 6-3 on Tuesday that the President does not have the authority to order states to relax their criminal procedures to obey a ruling of the World Court.  The decision came in the case of Medellin v. Texas (06-984).  Neither a World Court decision requiring U.S. states to provide new review of criminal cases involving foreign nationals, nor a memo by President Bush seeking to enforce the World Court ruling, preempts state law restrictions on challenges to convictions, the Court said in a ruling written by Chief Justice John G. Roberts, Jr.

The Court explicitly, and with emphasis, rejected a presidential argument that the nation’s Chief Executive has power, on his own, to make an international treaty into binding law inside the U.S.  That can only be done by Congress, it stressed.

The decision, aside from its rebuff of presidential power, also treats the World Court ruling itself as not binding on U.S. states, when it contradicts those states’ criminal procedure rules.   The international treaty at issue in this dispute — the Vienna Convention that gives foreign nationals accused of crime a right to meet with diplomats from their home country — is not enforceable as a matter of U.S. law, the Roberts opinion said.  And the World Court ruling seeking to implement that treaty inside the U.S. is also not binding, and does not gain added legal effect merely because the President sought to tell the states to abide by the decision, the Court added. (For the full article, go to http://www.scotusblog.com/wp/states-win-over-president-on-criminal-law-issue/). Posted Tuesday, March 25th, 2008 10:10 am UPDATED 1:49 p.m. 

I have a great feeling about this Supreme Court. I believe they are going to be making rules according to the wording of the Constitution, and not make rulings based on the changing whims of societal mores. I especially liked this part:

The Court explicitly, and with emphasis, rejected a presidential argument that the nation’s Chief Executive has power, on his own, to make an international treaty into binding law inside the U.S.  That can only be done by Congress, it stressed.

Finally, checks and balances are being recognized by one branch of our government, at least! I just can’t help but wonder why there was so much in the press last week about the Heller gun case than there ever was over this HUGE case regarding states rights and national sovereignty. Makes you wonder about the agenda of the fourth estate, doesn’t it?