I, like the DEA, and actually because of the DEA, was under the impression that the DEA was forced to Oblige to the UN Psychotropics Convention, because it is an International Treaty. But it turns out, that according to US Law, Treaties only have effect if they are written into Congressional Law and can be upheld by Congressional Laws, without violating the US Constitution.
And in Gonzales V O Centro, here is how the argument went:
O Centro- Religion, Free Exercise
DEA- Public Safety and Welfare, we have to uphold neutral Laws
DEA- UN Psychotropics Convention
And the Court decided that the Treaty/Convention did not apply to the O Centro case.
So the DEA is no longer arguing from US Law, and has no Obligation or even ability to use the UN Psychotropics Convention in US Courts.
The International Law of Treaties
Internal law and observance of treaties
A party may not invoke the provisions of its internal law as justification for its failure to perform
a treaty. This rule is without prejudice to article 46.
Supplementary means of interpretation
Recourse may be had to supplementary means of interpretation, including the preparatory work of
the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or unreasonable.
Supervening impossibility of performance
1. A party may invoke the impossibility of performing a treaty as a ground for terminating or
withdrawing from it if the impossibility results from the permanent disappearance or destruction of an
object indispensable for the execution of the treaty. If the impossibility is temporary, it may be invoked
only as a ground for suspending the operation of the treaty.
2. Impossibility of performance may not be invoked by a party as a ground for terminating,
withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by
that party either of an obligation under the treaty or of any other international obligation owed to any
other party to the treaty.
National Constitutions and Treaties
“The treaty is … a law made by the proper authority, and the courts of justice have no right to annul or disregard any of its provisions, unless they violate the Constitution of the United States.” Doe v. Braden, 57 U.S. (16 How.) 635, 656 (1853). “It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument.” The Cherokee Tobacco, 78 U.S. (11 Wall.), 616, 620 (1871). See also Geofroy v. Riggs, 133 U.S. 258, 267 (1890); United States v. Wong Kim Ark, 169 U.S. 649, 700 (1898); Asakura v. City of Seattle, 265 U.S. 332, 341 (1924).
The attempt, the so-called “Bricker Amendment,” was aimed at the expansion into reserved state powers through treaties as well as executive agreements. The key provision read: “A treaty shall become effective as internal law in the United States only through legislation which would be valid in the absence of treaty.” S.J. Res. 43, 82d Congress, 1st Sess. (1953), § 2. See also S.J. Res. 1, 84th Congress, 1st Sess. (1955), § 2. Extensive hearings developed the issues thoroughly but not always clearly. Hearings on S.J. Res. 130: Before a Subcommittee of the Senate Judiciary Committee, 82d Congress, 2d Sess. (1952). Hearings on S.J. Res. 1 & 43: Before a Subcommittee of the Senate Judiciary Committee, 83d Congress, 1st Sess. (1953); Hearings on S.J. Res. 1: Before a Subcommittee of the Senate Judiciary Committee, 84th Congress, 1st Sess. (1955). See L. Henkin, supra, at 383-85.
I just thought about how most people don’t know this, so I thought I would mention this so everyone can understand the world a little better.
The first Molecule to ever be Isolated from a plant, and put into the “Scientific Literature” was Coniine. And the first Molecule ever Synthesized was Urea in the early 1800s. Then in 1898 Cocaine was synthesized, and the study of Cocaine launched Science forward the same way the discovery of DNA did, then Bayer invented Heroine. And everyone knows about Coca Cola being part of this, and Cocaine being the mechanism that created American Advertising, up until the 1970s there were Commercials for Cocaine Paraphernalia on TV; and they made a law about it in the 70s. Then in the 40s-50s LSD changed Science again, just like the discovery of DNA. And now we have Maps of the Serotonin Receptors from David E Nichols, and classifications of Chemicals, and now even the US Government, who is usually years behind in legislating technology, has detailed lists of Molecules, and knows about “Isomers” and all kind of stuff that they had no clue about for the longest time (which they mainly learned by watching Sasha Shulgin). That is how we got where we are with Organic Chemistry. Before that, all of these were Religious Rituals.
The American Declaration of the Rights and Duties of Man
Article 13- Right to the Benefits of Culture
Every person has the right to take part in the cultural life of the community, to enjoy the arts, and to participate in the benefits that result from intellectual progress, especially scientific discoveries. He likewise has the right to the protection of his moral and material interests as regards his inventions or any literary, scientific or artistic works of which he is the author.