Subject: Re: <i>But I don't think the Dems have the
No, because the treaty would never go into effect. Both Congress and the President lack the power to enter into a treaty that violates the US Constitution, as your example clearly does. Entering into a treaty is subject to the same constitutional limitations as any other federal act - see SCOTUS’ decision in Reid v Covert.

Aha, so we agree that treaties that violate the US Constitution aren't valid.
How about this line in the Constitution (Article 4):

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.

Is it not a reasonable interpretation of this clause that the United States Government has the right to regulate its borders?