Consular Cases And Opinions From the Decisions of the English And American Cour

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Consular Cases And Opinions From the Decisions of the English And American Cour
Ellery C Ellery Cory Stowell
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Supp, 1121 ; In re Fattosini, 33 Misc. Rep. 18, 67 N. Y. Supp. 1119. None of these cases are binding upon us, and the case must be decided on general principles.
Among the powers conferred upon the president by article 2, § 2, of the constitution of the United States, is this ; ' ' He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur. " By article 6 it is declared: "This constitution, and the laws of the Unit
...ed States which shall be made in pursuance thereof; and all treaties made, or which shall be made, imder the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. " Treaties are to be liberally construed. Shanks v. Dupont, 3 Pet. 242, 249, 7 L. Ed. 666 ; Hauenstein v. Lynham, 100 U. S. 483, 487, 25 L. Ed. 628. When, then, anything in the constitution or laws of a state are in conflict with a treaty, the latter must prevail, and this court has not hesi- tated to follow this rule, which is generally recognized as the law of the land.

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