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Monday, October 22, 2007
Phyllis Schlafly :: Townhall.com Columnist
Law of the Sea Treaty Would Swamp U.S. Legal System
by Phyllis Schlafly
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A case now before the U.S. Supreme Court proves why the Senate must defeat the United Nations Law of the Sea Treaty. The oral arguments heard this month by the justices didn't mention the treaty, but the parallels are powerful. The case concerns Jose Medellin, a Mexican national on death row in Texas. Medellin was convicted and sentenced to death after he confessed in 1993 to the rape and murder of two teenage girls in Houston.

Long after Medellin had received full due process of the U.S. legal system, in 2003 the Mexican government sued the United States in the International Court of Justice. That is an agency of the United Nations that sits at the Hague in the Netherlands.

In 2004 the International Court of Justice ruled 14-1 in favor of Mexico and ordered the United States to give Medellin another hearing, or perhaps another trial, at which he could receive the assistance of Mexican consular employees. At that time, the International Court of Justice was headed by a judge from the People's Republic of China.

A 1963 treaty known as the Vienna Convention, which the United States and Mexico signed and ratified, provides that aliens who are accused of crimes in a foreign country are entitled to request the assistance of consular officials from their home country. Medellin never requested such assistance until long after he was tried, convicted and sentenced, and after all his appeals were denied.

Of course, Medellin did receive the assistance of competent U.S. legal defense lawyers throughout the process, which lasted longer than the lives of the girls he murdered. There is no reason to think that the presence of a Mexican consul could have made any difference in the outcome.

Incredibly, the administration of President George W. Bush knuckled under to the International Court of Justice and ordered the Texas courts to give Medellin another hearing. The Texas courts properly refused to honor this unconstitutional presidential interference, and the Texas decision was upheld by the Texas Court of Criminal Appeals.

This case is dramatic proof of why the U.S. Senate should not ratify any more U.N. treaties that put U.S. law in the noose of foreign tribunals. The United States has only one vote out of about 150 nations, i.e., the same vote as Cuba.

Not only are foreign tribunals hostile to the United States, but their judges have no comprehension of U.S. law, due process, or trial by jury. They often meet in secret, they arrogantly assert they can define their own jurisdiction, and their decisions may not be appealed. Continued...

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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Vienna Convention Treaty overlooked
How do you overlook the fact that we blatantly broke the treaty that we signed with Mexico. The 1963 Vienna Convention. I didn't think our country was that way. That is what the International Court of Justice is there for. We may be America the greatest country in the world, but we are not perfect or above the law. Global Law I take it, here. There has to be some way to keep countries held accountable.

schafly on the "Law of the Sea" et al.
These treaties are a real threat when all it takes is for a President of the U.S. to negotiate these DISASTEROUS TREATIES and then need only have a Senate of his own party ratify them for them to become the supreme law of the land. "Little Boy Presidents" should not be allowed to make "Grown Men treaties" that result in such peril to our Nation. The problem also seems to be that there are so few presidents with the knowledge or statesmanship that our founding fathers envisioned in their drafting of our Constitution. Worse still,the bloviaters in the Senate have neither the brains or the courage to "Check" such incompetence.
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