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Also..

Posted by Habeascorp on Friday, April 08 2005 at 10:44:09PM
In reply to ~sidles up to the lawyer with glee~ :) posted by jd420 on Friday, April 08 2005 at 3:34:04PM

Just as a hypothetical... (and I am not a lawyer)

...the International Covenant of Civil and Political Rights was ratified 1992 in the US, attaining full force of law via article VI, I believe, US constitution. Article 26, ICCPR, asserts equality irrespective of any status.

...would this not make any class 'suspect class' and insitute protection by the constitution via article VI? Just curious; as prior stated, I am not a lawyer...

The ratification of the treaty did not do squat. The U.S. ratifies treaties such as the ICCPR with reservations and declarations, which ensure that they do not provide any broader rights to U.S. citizens. For example, that treaty required that no one under 18 be put to death. The the U.S. did not adopt that part; only a recent U.S. Supreme Court decision decided that issue a couple of months ago.

Also, the teeth are always taken out, there is no way for a u.s. resident to enforce the provisions.

Commenting on US ratification of the ICCPR, the American Civil Liberties Union lamented that 'the endorsement of the most important treaty for the protection of civil rights yielded not a single additional enforceable right to citizens and residents of the United States.'





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