Law Commons^™

A New Miranda For Foreign Nationals?, James A. Deeken

Vanderbilt Journal of Transnational Law

This Note will explore the conflict between federalism expressed in the U.S. Constitution and the demands that international treaties, entered into by the federal government, make on local governments. Part I will explain the current state of the issues addressed in the Note, including the Vienna Convention, and the relevant provisions relating to the arrests of foreign nationals. The Note will then examine whether, given that international treaties have been interpreted as providing rights and provisions that are only enforceable by countries, a private party, such as a foreign national, has the power to invoke the provisions in his defense …