3 ms·
> fully legalizing now would violate a number of important treaties with other countries As I understand it, the US Congress has the power to withdraw from any
by jacques_chester 6y ago
> fully legalizing now would violate a number of important treaties with other countries
As I understand it, the US Congress has the power to withdraw from any treaty with legislation without restriction[0], by passing an Act that repeals the effect of the treaty. "Parliament | Congress cannot bind its future self" is a well-settled Common Law principle.
Treaties receive no special status. While they may be negotiated and recommended by the President, and come into effect upon supermajority consent of the Senate, treaties are nevertheless held to be legislative in nature. Since Congress cannot bind its future self, it can repeal any treaty at any time with the usual mechanisms.
Meaning: an Act that fully legalised marijuana could include clauses repealing the legal status of treaties.
Of course, I am not a lawyer.
[0] https://en.wikipedia.org/wiki/Head_Money_Cases https://en.wikipedia.org/wiki/Head_Money_Cases
- mullingitover 6y agoYes, this is exactly what I was getting at - that full legalization could nullify a number of treaties, so it's not just a thing that stands on its own. Congress can absolutely do it, but it's complicated.
- jacques_chester 6y agoGotcha.