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1 Chi. J. Int'l. L. 327 (2000)
Should International Human Rights Law Trump US Domestic Law?

handle is hein.journals/cjil1 and id is 335 raw text is: Should International Human Rights Law Trump US Domestic Law? Jack Goldsmith* I. INTRODUCTION Consider the following claims raised in US courts under the International Covenant of Civil and Political Rights (ICCPR)', a treaty ratified by the United States: Nevada sentenced Michael Domingues to death for murdering two people when he was sixteen years old. Domingues argued that his sentence, though valid under the Eighth Amendment, should nonetheless be set aside because it violated Article 6(5) of the ICCPR.2 Article 6(5) prohibits capital punishment for crimes committed under the age of eighteen. Lawrence and Beverly Newman sued state officials involved in proceedings related to the Newmans' adoption of two children. The Newmans argued that Article 2(3)(a) of the ICCPR overrode otherwise-applicable state and federal immunities. In Article 2(3)(a), each signatory nation promises to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity. Several unlicensed radio operators have challenged Federal Communications Commission (FCC) licensing requirements under Article 19(2) of the ICCPR.4 Article 19(2) provides that [e]veryone shall have the right to Professor of Law, University of Chicago. Thanks to Curtis Bradley, Daryl Levinson, and Adrian Vermeule for comments. 1. International Covenant on Civil and Political Rights, 999 UNTS 171, 6 ILM 368 (1966). 2. See Domingues v Nevada, 961 P2d 1279 (Nev 1998). 3. See Newnan v Deiter, 702 NE2d 1093 (Ind App 1998), cert denied, 120 S Ct 329 (1999). 4. See, for example, United States v Any and All Radio Station Transmission Equipment Located at 2903 Bent Oak Highway, 19 F Supp 2d 738 (E D Mich 1998), revd and remanded, 204 F3d 658 (6th Cir 2000);

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