What is the relationship between the US Constitution and international law?
The relationship between the US Constitution and international law is complicated, and the two sources of law do not directly interact with one another. In the US, the US Constitution is the “supreme law”, meaning that any international law or treaties that are inconsistent with the US Constitution are considered unconstitutional. In other words, any international laws that are inconsistent with the US Constitution cannot be enforced in the US. However, the US Supreme Court has held that certain international law, particularly customary international law, could be used to interpret the US Constitution. This is because customary international law comes from the practices of states that have been agreed upon as a standard of conduct. Thus, if there is an area of conflict between the US Constitution and international law, courts will look to customary international law as a guide. In some cases, the US Constitution and international law may be in direct conflict with one another. In such cases, the US Constitution is considered to be supreme. It is for this reason that the US is not a party to certain international treaties that it feels are unconstitutional. The US constitution is the ultimate source of law within the country and cannot be superseded by international agreements.
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