Clever_Iggy, this post is for you.
This is your statement:
Quote:
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This is simply BS... The SCOTUS has stated that nothing done by treaty (which is what this is) that could not be done by statute, and also strikes down both treaties and statues that violate Article III of the US Constitution. Article III states, specifically, that all judicial power is vested in SCOTUS and anything that attempts to override that vested power would be declared per se invalid.
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Your confidence in SCOTUS is great. You appear unconcerned that anything attempting to undermine the US constitution would be shot down by the Supreme Court.
This is interesting, if not incorrect. SCOTUS rulings have already been challenged by private corporations in the NAFTA tribunal...Successfully.
Tribunals like the one that ruled on the Massachusetts case were created by the North American Free Trade Agreement, and they have heard two challenges to American court judgments. In the other, the tribunal declared a Mississippi court's judgment at odds with international law, leaving the United States government potentially liable for hundreds of millions of dollars.
Any Canadian or Mexican business that contends it has been treated unjustly by the American judicial system can file a similar claim. American businesses with similar complaints about Canadian or Mexican court judgments can do the same. Under the Nafta agreement the government whose court system is challenged is responsible for awards by the tribunals.
''This is the biggest threat to United States judicial independence that no one has heard of and even fewer people understand,'' said John D. Echeverria, a law professor at Georgetown University.
http://query.nytimes.com/gst/fullpag...57C0A9629C8B63
I look forward to reading your interpretation of these NAFTA rulings.