What is the relationship between the US Constitution and international law?
The relationship between the US Constitution and international law is complex. The US Constitution protects certain rights and freedoms for citizens, and ensures a separation of powers between the federal government, states, and local governments. International law includes treaties and agreements between nations, and they affect only those nations involved in the agreement. International law is considered “law of nations” and it binds nations to their obligations. The US Constitution establishes the supremacy of federal law and the US Supreme Court is the ultimate authority on interpreting and applying the Constitution. The Supreme Court has held that international law does not supersede the US Constitution, and US citizens are only subject to laws that have been approved by the US government. The Supreme Court has also held that the US is not obligated to abide by international law unless it has ratified a treaty or agreed to be bound by the law. However, US law is not isolated from the international system. The US often looks to international law for guidance in resolving conflicts and developing norms that can be applied to US law. In some cases, US courts have used international law to interpret certain provisions of the Constitution. In sum, while the US Constitution is the supreme law of the land, the US still interacts with the international community, taking into account international law when forming its own laws.
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