Kinsella v. Krueger

Kinsella v. Krueger
Supreme Court of the United States
Argued 3 May, 1956 Reargued 27 February, 1957 Decided 10 June, 1957
Full case name	Kinsella v. Krueger
Citations	351 U.S. 470 (more) 77 S. Ct. 1222; 1 L. Ed. 2d 1148; 1957 U.S. LEXIS 729
Case history
Prior	U.S. ex rel. Krueger v. Kinsella, 137 F. Supp. 806 (S.D.W. Va. 1956); cert. granted, 350 U.S. 986 (1956).
Subsequent	On rehearing, Reid v. Covert, 354 U.S. 1 (1957).
Holding
The Constitution supersedes all treaties ratified by the United States Senate. The military may not try the civilian wife of a soldier under military jurisdiction.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Harold H. Burton Tom C. Clark · John M. Harlan II William J. Brennan Jr. · Charles E. Whittaker
Case opinions
Plurality	Black, joined by Warren, Douglas, Brennan
Concurrence	Frankfurter
Concurrence	Harlan
Dissent	Clark, joined by Burton
Whittaker took no part in the consideration or decision of the case.
Laws applied
U.S. Const. Art. III U.S. Const. amend. V U.S. Const. amend. VI

Kinsella v. Krueger, 351 U.S. 470 (1956), was a landmark United States Supreme Court case in which the Court ruled that the Constitution supersedes international treaties ratified by the United States Senate. According to the decision, the Court recognized the supremacy of the Constitution over a treaty, although the case itself was with regard to an executive agreement, not a "treaty" in the U.S. legal sense, and the agreement itself has never been ruled unconstitutional.