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...Vienna Convention on Consular Relations, part of which requires countries to give arrested foreigners access to consular officials, as in the movies when a pin-striped diplomat soothes a worried American in some Third World dungeon. The Administration renounced that part of the treaty after the ICJ ruled Medellin should get a retrial. (The U.S. still abides by the parts of the Treaty governing immunity for embassy officials and sovereignty of embassy buildings.) Yet Bush told Texas to retry Medellin anyway - since the ICJ ruling came before the U.S. backed away from the treaty. In essence it was a double...

Author: /time Magazine | Title: How Bush's Treaty Power Grab Failed | 3/27/2008 | See Source »

...Supreme Court had different ideas. In Tuesday's 6-3 decision, the justices rejected outright Bush's assertion that he could tell state courts what to do. But instead of issuing the final word themselves on whether Texas should retry Medellin, the justices said that was Congress's job. Most treaties, the Court ruled, don't automatically apply domestically unless the full Congress passes a separate law specifying how and when the treaty should be implemented...

Author: /time Magazine | Title: How Bush's Treaty Power Grab Failed | 3/27/2008 | See Source »

...high profile snubs by the Bush Administration - starting with the abrogation of the Anti-Ballistic Missile treaty, and peaking with Bush's war on terror end-runs around the Geneva Conventions and the Convention Against Torture. In fact, Bush's attempts to expand presidential power, and now the Medellin ruling, have exposed to Americans and foreigners alike the real problem: the weakness of the U.S. system for complying with international...

Author: /time Magazine | Title: How Bush's Treaty Power Grab Failed | 3/27/2008 | See Source »

...With the Medellin case, the Supreme Court may have accelerated that trend. By ruling that most traditional treaties only become the law of the land if the full Congress "implements" them, the justices made it more likely that political leaders will opt to pass them as if they were a domestic law. (The Court has previously upheld the full enforceability of treaties passed in that manner...

Author: /time Magazine | Title: How Bush's Treaty Power Grab Failed | 3/27/2008 | See Source »

...state can now ignore existing traditional treaties that haven't been "implemented" by Congress. But by regularizing American treaty approval in the future, the Court may clarify and even strengthen the force of international law at home. In that sense, the Bush Administration may have lost twice in the Medellin case ruling...

Author: /time Magazine | Title: How Bush's Treaty Power Grab Failed | 3/27/2008 | See Source »

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