Reid v. Covert – SCOTUS – 1957 (277-79) Woman killed sergeant husband on airbase in England. Tried by military authorities under Uniform Code of Military Justice.
Response to Bricker Amendment – in terms of Bill of Rights, int’l treaties can’t trump.
Distinction between INDIVIDUAL rights and STATE rights (thus distinguishing Missouri)
Also distinguishes by saying there was no SPECIFIC conflict of laws in Missouri
Monist v. Dualist
Monist – executive and judiciary are bound by int’l law. In conflicts of law – int’l law wins.
Dualist – domestic law and international law are separate. State has right to determine how it articulates/integrates international law.
Governs different actors and issues
Int’l law – relations AMONG states
Executive (pushing for free trade – better access to markets) v. Domestic NGOs/States (worried this will jeopardize their production)
Unlikely that Senate will provide supermajority for US to ratify and make this Article II Treaty.