Ten things you need to know about the structure of the CRC:
- It is a treaty which creates binding rules of law. It is no mere statement of altruism.1.
- Its effect would be binding on American families, courts, and policy-makers.2.
- Children of other nations would not be impacted or helped in any direct way by our ratification.3.
- The CRC would automatically override almost all American laws on children and families because of the U.S. Constitution’s Supremacy Clause in Article VI.4.
- The CRC has some elements that are self-executing, while others would require implementing legislation. Federal courts would have the power to determine which provisions were self-executing.5.
- The courts would have the power to directly enforce the provisions that are self-executing.6.
- Congress would have the power to directly legislate on all subjects necessary to comply with the treaty. This would constitute the most massive shift of power from the states to the federal government in American history.7.
- A committee of 18 experts from other nations, sitting in Geneva, has the authority to issue official interpretations of the treaty which are entitled to binding weight in American courts and legislatures. This effectively transfers ultimate authority for all policies in this area to this foreign committee.8.
- Under international law, the treaty overrides even our Constitution.9.
- Reservations, declarations, or understandings intended to modify our duty to comply with this treaty will be void if they are determined to be inconsistent with the object and purpose of the treaty.10.
Ten things you need to know about the substance of the CRC:
