“By your reasoning, the First Amendment doesn’t limit Congressional authority to make laws like that.”
Nope, that has nothing to do with my reasoning. In theory, the federal government can’t make any law that infringes on freedom of speech/press (which they ignore all the time anyway…see the Smith Act for an example) because they are directly forbidden to do so by the First Amendment. That has nothing to do with the relationship between Article 6 and the Tenth Amendment.
The Tenth amendment is no bar to the United States government passing any sort of treaty they want, because the United States government has an enumerated power to make treaties.
The Tenth Amendment says that the federal government can’t exercise powers unless they’re enumerated (because powers that aren’t enumerated belong to the states, unless they are forbidden to the states, or to the people), and that’s all it says. There is nothing in there that stops the feds from exercising any ENUMERATED power (like making treaties, or laws that regulate interstate commerce).
You’re article is a good one, but you’re wrong on this one issue.
The problem with Article 6 is that because of the way it’s worded, the federal government can make a treaty that does NOT conform with the Constitution (unlike other laws that must be in pursuance)…and that’s a bad idea, and the Constitution should be amended so that it clearly states that treaties, like other laws, must be in pursuance to the Constitution.
