Texas executes Mexican national

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Texashiker

Lifer
Dec 18, 2010
18,811
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So if that is the case why would any other countries enter into treaties with the United States if the individual States that make up the United States can just decide a treaty doesn't apply to them?

Excerpt from Constitution Article VI

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby"

The only time a state would not have to follow a treaty is if the treaty is in contradiction to the Constitution.

Come on you expect Texas to follow the US constitution? :whiste:


Treaties can not supersede states rights granted in the constitution.


http://en.wikipedia.org/wiki/Supremacy_Clause

In Reid v. Covert, 354 U.S. 1 (1957), the Supreme Court held stated that the U.S. Constitution supersedes international treaties ratified by the United States Senate.
 
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nehalem256

Lifer
Apr 13, 2012
15,669
8
0
Excerpt from Constitution Article VI

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby"

The only time a state would not have to follow a treaty is if the treaty is in contradiction to the Constitution.

I believe Obama has set clear precedence that states are perfectly free to ignore federal laws(see pot in Colorado and Washington) and in some instance MUST ignore federal laws(see immigration in Arizona).

Given that
[Obama] then taught at the University of Chicago Law School for twelve years—as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004—teaching constitutional law.

I think Obama's opinion on the matter trumps yours
 

rudeguy

Lifer
Dec 27, 2001
47,351
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trenchfoot

Lifer
Aug 5, 2000
14,947
7,477
136
Texas is as Texas does within the laws of the land, so be it.

But whenever I get ahold of news like this, it always makes me wonder if being executed without pain and experiencing the feelings a convicted person has leading up to that instant in time is worse than being holed up in solitary confinement under constant observation and supervision with nothing to read, view or listen to for the remainder of their life.

Sometimes death is merciful, but sometimes being handed a sentence of a lifetime in prison is not.
 

unokitty

Diamond Member
Jan 5, 2012
3,346
1
0
Grandpappy told my pappy, back in my day, son
A man had to answer for the wicked that he done
Take all the rope in Texas
Find a tall oak tree, round up all of them bad boys
Hang them high in the street for all the people to see that

Justice is the one thing you should always find
You got to saddle up your boys
You got to draw a hard line

--Beer For My Horses


If you want to murder a law enforcement officer by shooting him three times in the back of his head...

And if you expect the state to feed you and provide you with medical care for the rest of your natural life, you'd best not come to Texas.

No sympathy for the murderer.

Uno
 

thraashman

Lifer
Apr 10, 2000
11,103
1,550
126
Treaties can not supersede states rights granted in the constitution.


http://en.wikipedia.org/wiki/Supremacy_Clause

A treaty that violates the Constitution cannot supersede states rights. The Vienna Convention does not violate the Constitution and therefore states are required to inform foreign nationals of their right to access their consul and provide the consul with access.
 
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nehalem256

Lifer
Apr 13, 2012
15,669
8
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A treaty that does not violate the Constitution cannot supersede states rights. The Vienna Convention does not violate the Constitution and therefore states are required to inform foreign nationals of their right to access their consul and provide the consul with access.

Treaties with other nations are a federal matter.

According to Obama states are not allowed to meddle in federal matters. See his stance on the Arizona enforcing federal immigration laws.

Seems like if there was duty to provide consul, it was the duty of the federal government to do so. According to Obama the state is actually prohibited from doing so.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
A treaty that does not violate the Constitution cannot supersede states rights. The Vienna Convention does not violate the Constitution and therefore states are required to inform foreign nationals of their right to access their consul and provide the consul with access.

Oh well, too late now.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
The way my left arm was hurting for 3 days I thought an alien was going to burst out of it.

Last time I got a tetanus it felt like Mike Tyson saw a VW Bug. I'm pretty good at shots and handling pain. That shit was just wrong.
 

thraashman

Lifer
Apr 10, 2000
11,103
1,550
126
I just hope a US national abroad doesn't have their rights violated and denied consular access because of Texas.

Which is really the main concern in situations like this. This man was a murderer with no doubt. But denying him consular access as outlined in the Vienna convention could hurt Americans abroad.
 

Brovane

Diamond Member
Dec 18, 2001
5,673
1,948
136
Which is really the main concern in situations like this. This man was a murderer with no doubt. But denying him consular access as outlined in the Vienna convention could hurt Americans abroad.

Well Texans probably don't do much travelling outside of Texas so they don't care.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
I just hope a US national abroad doesn't have their rights violated and denied consular access because of Texas.

Well then we are just going to have to stop all those Americans from illegally sneaking into foreign countries and killing people!


What?

That doesn't happen?

No way.
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
Not sure how I feel about this; probably a terrible precedent.

Imagine an american citizen stoned to death in Saudi or executed in NK for making a kim jong il joke.

Given that we have been DroneStriking people in other countries for a decade, I'm certain any potential changes in treatment for US citizens overseas would have been enacted long before now.

Then again, maybe that's *why* other countries tend to not execute US citizens...
 
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Brovane

Diamond Member
Dec 18, 2001
5,673
1,948
136
Well then we are just going to have to stop all those Americans from illegally sneaking into foreign countries and killing people!


What?

That doesn't happen?

No way.

It could be as something simple as US Citizen accuseed of a crime overseas being denied consular access.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
I just hope a US national abroad doesn't have their rights violated and denied consular access because of Texas.

If you are worried about how you could be treated in a foreign nation, maybe should be asking yourself why you are there.


It could be as something simple as US Citizen accuseed of a crime overseas being denied consular access.

He lost that right when he snuck across the border illegally.
 

Brovane

Diamond Member
Dec 18, 2001
5,673
1,948
136
If you are worried about how you could be treated in a foreign nation, maybe should be asking yourself why you are there.




He lost that right when he snuck across the border illegally.

No he didn't lose that right when he snuck across the border illegally.
 

chimaxi83

Diamond Member
May 18, 2003
5,456
61
101
Fuck this piece of shit. No sympathy. If this somehow affects, in a similar fashion, some convicted American murderer overseas, well fuck them too.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
No he didn't lose that right when he snuck across the border illegally.

Sure he did.

If you want respect from the law, first you have to give respect. You give respect by following and abiding by the law.

But it does not matter now. There is a waiting line to use the execution table.

What I am ashamed of, Texas only executed like 18 people in 2013.
 
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