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58. Thomas Jefferson, Letter to Wilson Cary Nicholas, Sep-

tember 7, 1803, in Jefferson Writings (New York: Library of

America, 1984), p. 1139.

59. There is, however, some historical ambiguity with regard

to this issue because some legal authorities have interpret-

ed treaties as equal or superior to the U.S. Constitution.

See, for example, Missouri v. Holland, 252 U.S. 416 (1920),

in which Justice Oliver Wendell Holmes wrote, "Acts of

Congress are the supreme law of the land only when made in

pursuance of the Constitution, while treaties are declared

to be so when made under the authority of the United States.

It is open to question whether the authority of the United

States means more than the formal acts prescribed to make

the convention" (p. 433).

60. 57 U.S. (16 How.) 635, 656 (1853).

61. 78 U.S. (11 Wall.) 616, 620 (1871).

62. 354 U.S. 1, 16 (1957).

63. 133 U.S. 258, 267 (1890).

64. 169 U.S. 649, 700 (1898).

65. 265 U.S. 332, 341 (1924).

66. 485 U.S. 312, 324 (1988).

67. See Lee Casey and David Rivkin Jr., "Against an Interna-

tional Criminal Court," Commentary, May 1998, pp. 56-58.

68. 71 U.S. (4 Wall.) 2, 120-21 (1866).

69. Varadarajan.

70. Weekly Compilation of Presidential Documents, October

15, 1995, p. 1843.

71. David Scheffer, "The Clear and Present Danger of War

Crimes," U.S. Department of State Dispatch, March 1998,

p. 21.

72. Ruth Wedgwood, "The Pitfalls of Global Justice," New

York Times, June 10, 1998, p. A35.

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