Tuesday, April 14, 2009

Supreme Law of the Land

As Spain moves forward with an investigation of torture by Bush officials, Glenn Greenwald reminds: prosecuting former Bush officials for torture is not just something the Obama administration should do, it's something the administration must do as a matter of law.

The Convention on Torture is a treaty that requires state parties to investigate and prosecute those who commit torture within their jurisdiction. The U.S. ratified this treaty. The U.S. Constitution's Supremacy Clause specifies that the Constitution, laws and treaties are the supreme law of the land. So the Convention on Torture is not solely an international agreement, it is also American domestic law.

While Villagers in DC view this as a matter of politics, it is also a legal obligation.

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