Medellin v. Texas, 552 U.S. 491 

Supreme Court of the United States

2008

Chapter

4

Title

Distribution of National Powers

Page

375

Topic

Foreign Affairs

Quick Notes

Medellin inmate was one of 51 Mexican nationals named in a decision of the International Court of Justice (ICJ) as being entitled to reconsideration of their convictions based on violations of Vienna Convention on Consular Relations art. 36. The President had issued a memorandum determining that state courts were to give effect to the ICJ decision. The Texas court found that the inmate was not entitled to habeas relief because he failed to timely raise his Vienna Convention claim.

United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing"; that decisions of the International Court of Justice are not binding domestic law; and that, absent an act of Congress or Constitutional authority, the President of the United States lacks the power to enforce international treaties or decisions of the International Court of Justice

Supreme Court President does not have unilateral self-executing power

o         The President has an array of political and diplomatic means available to enforce international obligations, but unilaterally converting a non-self-executing treaty into a self-executing one is not among them.

o         The responsibility for transforming an international obligation arising from a non-self-executing treaty into domestic law falls to Congress.

Treaties may be seen as 'self-executing', in that merely becoming a party puts the treaty and all of its obligations in action. Other treaties may be non-self-executing and require 'implementing legislation'a change in the domestic law of a state party that will direct or enable it to fulfill treaty obligations.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

1.     Whether the President foreign policy making power allows him to enact an international treaty that was not approved by the Senate? 

o    No.  Article 2, section 2 says the [President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur

2.     Does the Constitution require state courts to honor the treaty obligations of the U.S. by enforcing a decision of the International Court of Justice? 

o    No, the decision was not self-executing and not binding as a matter of domestic law.

Procedure

Texas

o         The Texas Court of Criminal Appeals rejected each of Medellin's arguments and dismissed his petition

Supreme

o         The state court's judgment was affirmed. 6-3 decision; 1 concurrence; 1 dissent

Facts

Discussion

Key Phrases

Rules

Pl Medellin

Df Texas

Vienna Convention

o         The United States was a signatory of the Vienna Convention on Consular Relations.

o         This convention obligates signatories to inform detained foreign nationals of the right to request assistance from the consul of their states.

Optional Protocol

o         United States was also a signatory [signed agreement or treaty].

o         The International Court of Justice (ICJ) would have jurisdiction to resolve disputes arising out of the interpretation or application of the convention.

Medellin

o         Mexican Citizen.

o         Convicted or murder in state court.

o         Sentenced to death.

o         He claimed that he had not been informed of his consular rights in violation of the Convention.

State and Federal Court

o         Rejected his request on the ground that he had failed to raise the claim earlier.

IJC (Medellin and 50) Decision

o         Medellin and 50 other foreign nationals claimed that they had not been informed of their consular rights.

IJC US is obligated

o         Held the United States was obligated "to provide, by means of its own choosing, review and reconsideration of the convictions and sentences of the [affected] Mexican nationals without regard to state procedural default rules

Supreme Court

o         Granted certiorari to review the lower courts decision denying Medellins claim.

President Bush issued his Memorandum

o         Provided that the United States will discharge its international obligations under the decision of the International Court of Justice in [Avena], by having State courts give effect to the decision.

Supreme Court

o         Medellins second application was denied by the state court.

o         Granted certiorari.

Supreme Court Convention was not self-executing

o         Convention not self-executing

o         Not binding on state and federal court as a matter of domestic law.

United States Argues President can resolve foreign policy issues

Supreme Court Presidents Authority to act (Act of Congress or Constitution)

o         The President's authority to act, as with the exercise of any governmental power, "must stem either from an act of Congress or from the Constitution itself.

Supreme Court President does not have unilateral self-executing power

o         The President has an array of political and diplomatic means available to enforce international obligations, but unilaterally converting a non-self-executing treaty into a self-executing one is not among them.

o         The responsibility for transforming an international obligation arising from a non-self-executing treaty into domestic law falls to Congress.

Non-self-executing treaty (definition)

o         A non-self-executing treaty, by definition, is one that was ratified with the understanding that it is not to have domestic effect of its own force.

o         The President is precluded on acting on his own.

How Non-self-executing treaty can become domestic law

o         Non-self-executing treaty can become domestic law only in the same way as any other law--through passage of legislation by both Houses of Congress, combined with either the President's signature or a congressional override of a Presidential veto.

President Arg Action valid because of Congressional Acquiescence

o         Youngstown #2 Category.

Court Acquiescence does not exist.

President Arg Memorandum is a valid exercise of Presidents foreign affairs authority.

o         To resolve disputes with foreign nations.

Court This is an unprecedented action.

o         Government has not identified a single instance.

o         ICJ is not a domestic law.

o         The President cannot rely on his Take Care [execute laws, not make them] powers.

Rules

Class Notes