Theodore's World: The Case of Mexico v. United States of America

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June 13, 2007

The Case of Mexico v. United States of America



Bush Sides With Mexican Killers Against U.S.

By Cliff Kincaid
June 12, 2007

The State Department’s top legal adviser told international lawyers on June 6 that President Bush is so committed to the primacy of international law that he has taken his home state of Texas to court on behalf of a group of Mexican killers. The Mexicans had been sentenced to death for murdering U.S. citizens, including young children.

John B. Bellinger III, legal adviser to Secretary of State Condoleezza Rice, cited the case, Mexico v. United States of America, in trying to convince the attorneys that the administration is doing what it can to enforce international law in U.S. courts.

In the case, Bush has come down on the same side as the U.N.’s International Court of Justice (ICJ), which ruled 14-1 on behalf of Mexico against the U.S. The ICJ was headed at the time by a judge from communist China, who also ruled against the U.S.

Bellinger’s extraordinary speech, coming at a time when Bush is under fire for failing to protect America from a Mexican invasion of illegal aliens, demonstrates how the President has been working on behalf of Mexican interests–in this case, convicted Mexican killers claiming their “rights” were violated under a treaty–against the interests of his own nation. When the implications of the Mexico v. United States case are widely known, it can only further harm the administration’s chances for an amnesty-for-illegal-aliens bill.

Conservatives have shown, through derailing the bill, that they are not content to play dumb or go to sleep when the issue involves American sovereignty.

Kincaid goes on to say...............

Many Americans are not aware that the Mexico v. United States case, also known as the Avena decision, was decided against the U.S. by the U.N.’s International Court of Justice (ICJ) and that the Bush Justice Department sided with the ICJ. What’s more, the Bush Justice Department took the case to the U.S. Supreme Court in order to force U.S. states to legally recognize the “rights” of Mexicans who kill Americans on U.S. soil. A decision from the Supreme Court is pending.

The case was taken to the ICJ by the government of Mexico on behalf of 51 of its citizens who had carried out these murders in the U.S. The argument advanced by Mexico on behalf of the killers was that they were not afforded a timely opportunity to meet with Mexican representatives in the U.S. known as consular officers. This was said to be required under the Vienna Convention.

Current figures show 124 foreign nationals on death row in the U.S. Fifty-five of those are from Mexico. Most of them are on death row in California or Texas.


Kincaid continues .................

How did the President do this? On February 28, 2005, Bush simply made a “determination” and assumed the power to tell the states what to do.

He declared, “I have determined, pursuant to the authority vested in me as President by the Constitution and laws of the United States, that the United States will discharge its international obligations under the decision of the International Court of Justice in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America), 2004 I.C.J. 128 (Mar. 31), by having state courts give effect to the decision in accordance with general principles of comity in cases filed by the 51 Mexican nationals addressed in that decision.”

The Bush Justice Department argued that the president has the power to do whatever he wants to do. “In particular circumstances, the President may decide that the United States will not comply with an ICJ decision and direct a United States veto of any proposed Security Council enforcement measure,” it said. “Here, however, the President has determined that the foreign policy interests of the United States justify compliance with the ICJ’s decision.”
But Bush’s home state of Texas decided that Bush did not have that power.


Here is the International Court of Justice Press Release 2004/16. And here’s additional information at FindLaw, including a link to the actual judgement of the court, as well as the individual opinions of the justices.


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Wild Thing's comment............

Before I would have had a very difficult time believing this. But after Bush verbally attacked his conservative base for wanting him (Bush) and the rest of our leaders to obey our existing laws on immigration, his lack of passion to get the fence built and his non existence of making sure our borders are secure..........well, reading this article only adds to my concern about what on earth is he doing???? This is an outrage to the max!!!!

Regarding Bush and his dedication to giving Amnesty to illegals, there are multiple possibilities why he is doing it, and what the end game is. But rest assured it is not to protect and defend the Constitution of the United States. Nor is it intended to benefit American citizens.

And then there are also the Border Patrol Agents, Campeon and Ramos are left twisting in the wind.

I lived in Texas for a few years, Dallas, Texas. That is where I met Bob Hope while I was in a show at SMU and he asked me to go to Vietnam with his tour to entertain the troops. I have many fond memories of living there. It is a great State and the people that live there are the some of the friendliest I have ever met in all the places I have lived.

They love America and are very patriotic, they appreciate our military and are vedry aware of the cost of our Freedom. Everything there is bigger then life in so many ways.Even writing that has me with a big smile on my face.

In thinking about all the things I mention now, and how when Bush was elected he was a Texan, and now he is something else.


Posted by Wild Thing at June 13, 2007 12:50 AM


Comments

Does Bush have Alzheimers?
His immigration stance really sucks.
It's like he has no idea what the immigration laws
are--I know he's not a lawyer, but he really needs to study them.
I like him personally, but he's doing some idiotic things that are pissing us all off!

Posted by: Lynn at June 13, 2007 04:04 AM


I voted for George Bush in the last two elections. Bush's lack of concern for our borders has made me realize he does not understand the security risks he has created for U.S. citizens. His lack of concern for his fellow citizens has been further demonstrated by his hesitantcy to pardon Scooter Libby. He fooled me once, he fooled me twice...but so what, he knows he can't run for President again. I would not vote for him a third time if I could.

Posted by: Robert L Huffstutter at June 13, 2007 06:04 AM


No, 'The Bush', is no a lawyer, but somebody here called him what he is, A Yale-ie Eliteist, he thinks we don't know whats good for us and has even called ,us, his base Racists. For this I will not forgive him. We are not racists, we, or at least I believe that immigration is fine as long as it is legal immigration. Done the way it has been for 150 years, until the Kennedy Immigration bill of 1965.

Like all Elitists, he believes he won't have to deal on a daily basis with the scum that will surely filter across the border, i.e., the Drug dealers, Child molestors, the Drunk drivers and their extended families, these are the people the Mexican Government doesn't want so they send them North to Bush Country. The hard workers that keep the welfare office in business, and the folks in flyover country busy paying for it.

In typical Elitist fashion Vincente Foxe and Bush met is some swank resort, instead they should have met in Tiajuana or Jaurez where the real problems are. No Bush ignores the real problems with the idea that the American People can handle it. A let them eat cake attitude.

But, ... "Thrice is he armed that hath his quarrel just" said Shakespeare and Artemus Ward added, ... 'And four times he who gets his fists in fust'

Too many times we the American people have let the Elitists get in the first punch, not this time
we must fight back to preserve our country, from these moral elitists, whether it be Bush or Kennedy at this point I don't see much difference.

Posted by: Mark at June 13, 2007 09:04 AM


IF the Union generals that had fought alongside with the CSA generals in the Mexican War had realized then what is going on now, their would be 35 Northern States of America and 15 Southern States of America! The SOUTH will rise again!!

Posted by: darthcrUSAderworldtour07 at June 13, 2007 12:22 PM


Texans are reeling at the performance of George Bush. We had worried at some of his ideas when he was governor, but his financial policies were pretty sound, less his big spending habits. We knew he at least passively supported illegal immigration, but that was a federal responsibility. He father had disappointed many conservative, Reagan loving Texans, but his dad was not a Texan.

Even here in Texas, Bush was a worry, a question mark, but he always turned out to be "the lesser of two evils". His "back East" college education and New England ties were a slight worry, but the things he said made us think he was really a Texan at heart.

Well, George W Bush WILL lie, even if it is only by inference. He, and his father, have destroyed the Reagan style consevative power bloc that existed in 1988. They have disheartened the "Reagan Democrats" that were conservatives at heart. I have heard a few Texan conservatives say the Dixie Chicks were not wrong in what they said, just why and where thay said it.

The Bushs represent a type of Republican that has snuck into office on a conservative agenda, but are really at least compromising weak hearted conservatives or outright socialists. The elected Republican supporters of this immigration "reform"
bill show just how badly the Republican Party has been infiltrated. The RNC is watching it's financial plasma dry up as American conservatives are awakening to the reality of what has happened.

I don't know the answer to the above problems. As long as we are continually presented with the "lesser of two evils' we will only see our conservatism watered down and our numbers decrease. Term limits would help, but they will never be enacted. A third or fourth party seems logical, but so far third partys have not been able to match the power of the two big guys.

All I can do is be careful with my vote and support the people I have real hopes for.

Posted by: TomR at June 13, 2007 01:17 PM


Daddy Bush is a solid New Englander from brother Teddy's state of Massachussetts, Whore Hey Bush was born in Connecticutt, neither are Texans. I've heard the term DamnYankee more than once from my Texan friends who are more dissillusioned than I am with this president. Both are transplants who like the horde they are promoting haven't assimilated into the national fabric, they're globalist one world government promoters bent on handing over United States sovereignty to the U.N. I'm sick of the secret deals and behind the scenes duplicity of the Bush administration. Thank you WT for exposing this cancer.

Thanks to all of you who vote and for those who don't vote the Donks thank you.

Posted by: Jack at June 13, 2007 01:35 PM


I hear a lot of rhetoric and vitriol from supporters, including President Bush, of the comprehensive immigration bill aimed at the bill's oppenents. However, I don't hear any of them actually define the specific immigration problems that they are trying to solve and how their bill will fix any of them considering that they rely on the same feckless Congress and beuracratic government agencies that can't or won't enforce the current legislation.

Let me state an immigration problem. The United States has an ever growing uncontrolled illegal alien population currently estimated to be around 12,000,000 people. The Army defines a Division as having 10,000 to 18,000 soldiers. So, to put the problem in perspective, the United States has been INVADED by the equivalent of at least 1,000 Divisions of law breakers who steal the benefits of citizenship and legal residents but have no respect for our laws, citizens, core values, and Constitution itself.

George Bush took an oath of office stating that he will "faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

He should do his job or resign.

Posted by: Les at June 13, 2007 08:36 PM


It's time to water the tree of liberty again.

Posted by: raz0r at June 13, 2007 10:56 PM


Lynn, it is like he has shown he has no respect for the very base that got him elected. Once he did this there is no turning back.

Posted by: Wild Thing at June 13, 2007 11:45 PM


Robert I know exactly how you feel, me too. If he had the chance to run again there is no way I would vote for him.

Posted by: Wild Thing at June 13, 2007 11:47 PM


Mark, GREAT comment thank you so much. I agree!!!

Posted by: Wild Thing at June 13, 2007 11:49 PM


Darth, yes they would have.

Posted by: Wild Thing at June 13, 2007 11:51 PM


Tom thank you so much for sharing that about Texas.

"The Bushs represent a type of Republican that has snuck into office on a conservative agenda, but are really at least compromising weak hearted conservatives or outright socialists. The elected Republican supporters of this immigration "reform"
bill show just how badly the Republican Party has been infiltrated. The RNC is watching it's financial plasma dry up as American conservatives are awakening to the reality of what has happened."

This is sooooooo true Tom, thank you for saying it much better then I could. I agree with you, I am holding my vote more precious then ever from now on.

Posted by: Wild Thing at June 13, 2007 11:56 PM


Jack, I am so furious about all of this and after being verbally slandered by a President that was from my political party... when he said what he did about his base that got him elected.....I am done with him completely.

Posted by: Wild Thing at June 14, 2007 12:01 AM


Les yes, Bush has crossed the line. He is not keeping his word, he attacked his base with lies of calling us rascists, he cares more about the illegals ( law breakers) then his descent citizens, he cares not to secure our borders. He is a disgrace.

Posted by: Wild Thing at June 14, 2007 12:04 AM


razOr your right it sure is my friend!

Posted by: Wild Thing at June 14, 2007 12:05 AM