Talk:Article Six of the United States Constitution

Latest comment: 15 days ago by 97.93.59.0 in topic Reid v. Covert

Introduction edit

The introduction should be rewritten. Its very unclear of what exactly Article Six is about. Arthur92710 (talk) 23:43, 27 September 2008 (UTC)Reply


Supremacy edit

We know that the Constitution supersedes treaties, and treaties supersede state law. But in reference to situations in which a treaty conflicts with federal legislation, can someone please cite the Supreme Court case that established which takes precedence? If I'm not mistaken, the one that was enacted later takes precedence. 205.217.105.2 17:26, 11 Apr 2005 (UTC)

The above is a fabrication. Treaties do not supersede state law. A state can nulify a treaty if it is unconstitutional and congress will not. — Preceding unsigned comment added by 24.128.21.141 (talk) 08:14, 27 May 2011 (UTC)Reply

I rewrote the description of Reid v. Covert. The ruling does not say that the constituion is supreme over treaties. It says no one can use a treaty as an end run around the constitution to accrue powers not conferred or governed by the constitution. Those are very very different things. As an example: W could get a treaty written that names him the sole arbiter of laws of trade with Afghanistan and Iraq. Those two nations could sign and ratify it. The Senate could vote unanimously to ratify it, and it would still not be law, as the congress has the right to legislate in this area, not the executive. W would receive powers from the treaty that he cannot claim under the constitution.

Bricker Amendment edit

For some time I have been working on revisions to the Bricker Amendment article. I finally posted it and have a PR at Wikipedia:Peer review/Bricker Amendment/archive1. I'd welcome comments. I know all those references may seem extravagant, but I'm hoping to get it as an FA and those voters want lots of footnotes. PedanticallySpeaking 16:26, 1 July 2006 (UTC)Reply

Reid v. Covert edit

"Reid v. Covert (1957) ruled that no branch of the United States Government can have powers conferred upon it by treaty that have not been conferred by the United States Constitution" is incorrect. The holding in Reid v. Covert is that international agreements entered into by executive order, not by Senate ratification, cannot supercede the Constitution. — Preceding unsigned comment added by 97.93.59.0 (talk) 23:52, 2 April 2024 (UTC)Reply

Prohibition of Religious Tests vs. Federal Oaths edit

An edit by Is Mise on 7 April contends that the final clause of many U.S. federal oaths ("so help me God," etc.) is religious in nature and is therefore severely restricted or invalidated as an unconstitutional religious test under Article VI§3. While I agree that these oaths are dubious, I feel that this edit trends into original research. Citations and background are required for such a claim to hold up. I have read variously that "so help me god" is merely a verbal styling added to the end of many oaths that is neither obligatory nor part of the oath itself (see the articles on U.S. Presidential and Vice Presidential oaths and U.S. Federal, Civil Service oaths, etc.) I have not reverted Is Mise's edits; I hope that someone qualified (with a J.D.?) to evaluate their claims will either substantiate them or delete them.Auranor (talk) 08:15, 17 June 2009 (UTC)Reply

JFK's implicit test edit

The last part of "Oaths" talks about an "implicit, but no less effective, religious test" in connection with JFK, without ever describing it, and I found no explanation in the linked speech, the John F. Kennedy or the Oath of office of the President of the United States articles. Can someone in the know please expand and add references? 46.115.152.160 (talk) 15:48, 24 May 2014 (UTC)Reply

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