No. of Recommendations: 2
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?
