| Kinsella v. Krueger | |
|---|---|
 | |
| 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 | |
| |
| 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.