Supremacy Clause International Agreements

The consequence was of course the “invisible modification of the Constitution”, the Sloss flags in the title of his book – a subset of contracts that were not self-executive, the effect of supremacy clause. The apotheosis (or lowest point) of this transformation was the 2008 Supreme Court decision in Medellin. The Court appears to have endorsed this outcome in Sosa vs. Alvarez-Machain. Mexican citizen Humberto Alvarez-Machain allegedly participated in the torture and murder of a U.S. agent in Mexico. After unsuccessful negotiations with the Mexican government, the Drug Enforcement Administration (DEA) approved a plan under which fellow Mexican Jose Francisco Sosa Alvarez-Machain abducted him in Mexico and brought him to the United States to face a charge. .