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Enforcing the treaty rights of aliens.
From:
The Yale Law Journal
| Date:
January 1, 2008| Author:
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COPYRIGHT 2008 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.
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Despite the Supremacy Clause's declaration that treaties are the "Law of the Land," efforts to incorporate treaties that guarantee individual rights into domestic law have been stymied by a wave of political opposition. Critics argue that giving these treaties the force of domestic law would be inconsistent with constitutional values like sovereignty, democracy, federalism, and separation of powers. This Note analyzes these four critiques and demonstrates that the values critics seek to protect are not jeopardized by the extraterritorial application of treaty-based rights or the domestic ...
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