Sunday, March 30, 2008
Editorial: Don't let states opt out of treaties
International treaties protect Americans abroad, but not foreign visitors to Texas.
From the RoundTable blog
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Last week's Supreme Court decision that Texas may ignore international treaties came as a surprise. The majority of the court that supported it typically preaches a strict, literal reading of the Constitution. Yet it is the law, now, and the nation must adapt to it. Fortunately, Congress can undo the damage.
Six justices ruled that even if the Senate ratifies a treaty, that treaty does not necessarily have the force of law unless Congress subsequently passes legislation to enact it.
So, even though the Senate ratified the Vienna Conventions, Texas does not have to obey them because Congress never passed implementation laws. In the specific case before the court, the Lone Star state need not reconsider the death sentences of about four dozen Mexican nationals who were not granted their treaty-guaranteed access to the Mexican consulate.
We'll skip trying to explain the legal gymnastics necessary to make that decision fit with Article VI of the Constitution, which makes treaties the law of the land. The court has ruled, and Congress must pass enabling legislation for all treaties affected by the decision.
There is no time to waste. Congressional inaction would risk terrible international repercussions. America's already tarnished reputation in the world community could slip even further, if such is possible.
Worse, U.S. citizens traveling abroad are in danger of other nations similarly ignoring treaties.
Imagine if a young American sprinter breaks the law while at the Summer Olympics in China. The province subjects her to enhanced interrogation techniques and never allows contact with the U.S. embassy.
Americans would rightly condemn that violation of the Vienna Conventions, but those protests would lack moral authority. There would be no good response when a Chinese official says, "Hey, you don't grant that sort of access to prisoners in America. Why should we?"
International treaties protect Americans abroad, just as they protect foreign nationals here. If the United States espects other nations to adhere to them, all 50 states must live up to their obligations. Now, that requires an act of Congress.
