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this post was submitted on 11 Feb 2024
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Dear Josh:
Treaty of Tripoli, ratified by the US Congress 11/4/1796.
"Article 11.
As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen (Muslims); and as the said States never entered into any war or act of hostility against any Mahometan (Mohammedan) nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries."
And to be absolutely clear, ratification of a treaty makes all the language therein U.S. law unless struck down by the courts.
It has never been struck down by the courts.
Does that mean that the general aspects of a treaty become international policy? Like does the treaty of Tripoli act as legal precedent when establishing agreements with Brazil?
Pretty much all international policy has been renegotiated. However, no one has renegotiated that treaty because the Barbary States no longer exist. As far as I know, that doesn't make it any less law.