Federalism

Paternalism on Steroids

Kirk Sigmon asks a simple question: why does the federal government spend money prosecuting weight lifters who want to get more muscular, and, much to the bodybuilders’ chagrin, go bald and potentially develop breasts? [read more]

Beyond the Veil of Federalism: Protecting the Consular Rights of Foreign Nationals in United States Courts by Adisada Dudic

I. Introduction The United State of America must comply with the decisions of the International Court of Justice (ICJ).  This obligation comes from Article 94 of the United Nations Charter, ratified in 1945.[1] In Medellín v. Texas, the US Supreme Court said that the Supremacy Clause of the US Constitution does not require Texas to follow or enforce an ICJ decision.[2] This decision not only threatens American nationals travelling abroad, but it also threatens to deprive US nationals, individuals and businesses alike, of workable dispute resolution procedures that treaties provide.  Such a result is unacceptable and unsound policy in the modern world where the scope of commerce and trade is increasingly international. II. Vienna Convention on Consular Relations (VCCR) The VCCR protects the rights of individuals arrested, detained, or imprisoned in foreign nations and grants them the right to access their own consulate.[3] Under Article 36, member states have an obligation to inform detained or arrested foreign nationals of their consular notification rights and the arresting authorities must notify the appropriate consulate of such arrests.[4] The US, upon advice and consent of the Senate,[5] ratified the VCCR without reservation in 1969, understanding its provisions to be entirely self-executing and prevailing [read more]