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Author: United States. Supreme Court
Publisher:
ISBN:
Category :
Languages : en
Pages : 942
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Author: Alan Mygatt-Tauber
Publisher: University Press of Kansas
ISBN: 0700633618
Category : Law
Languages : en
Pages : 212
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Book Description
In 1993, José Medellín, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his right to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and Medellín, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide “review and reconsideration” of the convictions and sentences of the fifty-two Mexican nationals. Armed with this new decision, Medellín sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6–3 decision ruled in favor of Texas and against Medellín in June 2008. Medellín was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of Medellín v. Texas, showing how the Court’s 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings—trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ’s judgment and to withdraw from the Optional Protocol to the Vienna Convention that granted the ICJ jurisdiction.
Author: United States. Supreme Court
Publisher:
ISBN:
Category :
Languages : en
Pages : 942
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Book Description
Author: Suffolk University. Law School
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 261
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Author: United States. Supreme Court
Publisher:
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Category :
Languages : en
Pages :
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Author:
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Category : Aliens
Languages : en
Pages : 342
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Author: Michael John Garcia
Publisher:
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Category :
Languages : en
Pages :
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Author:
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Category :
Languages : en
Pages :
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Author: David H. Moore
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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While scholars have begun to debate the meaning of the Supreme Court's landmark decision in Medellin v. Texas for the domestic status of treaties, the decision's import for other significant questions of foreign relations law has been ignored in the literature. This Article fills that void by exploring Medellin's significance (a) for treaty and customary international law (CIL) based claims under the Alien Tort Statute, (b) for the hotly debated issue of CIL's domestic legal status, and (c) for the recent claim that a uniform doctrine governing the domestic status of both treaties and CIL is developing in U.S. foreign relations law.
Author: Ted Cruz
Publisher: Simon and Schuster
ISBN: 1684511356
Category : Political Science
Languages : en
Pages : 256
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Book Description
** WALL STREET JOURNAL BESTSELLER ** USA TODAY BESTSELLER ** PUBLISHER'S WEEKLY BESTSELLER ** NEW YORK TIMES BESTSELLER ** AMAZON BESTSELLER ** With Justice Ruth Bader Ginsburg’s sudden passing, control of the Supreme Court—and with it the fate of the Constitution—has become the deciding issue for many voters in the 2020 presidential election. And the stakes could not be higher. With a simple majority on the Supreme Court, the left will have the power to curtail or even abolish the freedoms that have made our country a beacon to the world. We are one vote away from losing the Republic that the Founders handed down to us. Our most precious constitutional rights hang by a thread. Senator Ted Cruz has spent his entire career on the front line of the war to protect our constitutional rights. And as a Supreme Court clerk, solicitor general of Texas, and private litigator, he played a key role in some of the most important legal cases of the past two decades. In One Vote Away, you will discover how often the high court decisions that affect your life have been decided by just one vote. One vote preserves your right to speak freely, to bear arms, and to exercise your faith. One vote will determine whether your children enjoy their full inheritance as American citizens. God may endow us with “certain unalienable rights,” but whether we enjoy them depends on nine judges—the “priests of the robe” who have the last say in our system of government. Drawing back the curtain of their temple, Senator Cruz reveals the struggles, arguments, and strife that have shaped the fate of those rights. No one who reads One Vote Away can ever again take a single seat on the Supreme Court for granted.
Author: David Sloss
Publisher: Oxford University Press
ISBN: 0199364028
Category : Law
Languages : en
Pages : 473
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Book Description
This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.
