Unincorporated - Consular Jurisdiction | P.L. 8 Stat.484
"Ignorance of the Law is no excuse for those who know the law, to use it against those who are not learned of it."
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Yes, the STATE OF "OHIO" is bound to and by Treaty pursuant to the Ohio Constitution.
Here's an elaboration on this relationship:
• Treaty Supremacy under the U.S. Constitution: The U.S. Constitution, in Article VI, Section 2, declares that "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding". This means that treaties are considered the "Supreme Law of the Land" and prevail against all state laws or decisions of state courts. A treaty that is the law of the land, affecting the rights of litigating parties, is as binding as an act of Congress. The adoption of a treaty with provisions inconsistent with a state law is equivalent to the repeal of such state law.
• Ohio's Acknowledgment of Treaty Supremacy: The Ohio Revised Code itself acknowledges federal treaty supremacy. Article I, Section 18 of the Ohio Revised Code, titled "Suspension of laws," explicitly states that its provisions are "subject to any treaty or statute of the United States... to the extent the treaty, statute, or regulatory statute is applicable". This section became effective in 1851, indicating a formal recognition of the U.S. Constitution's supremacy clause regarding treaties. Therefore, the Ohio Constitution (1851) and Massillon Ordinances (1985) are considered subordinate to the U.S. Constitution (1791) and its treaties.
• International Law and Good Faith (Pacta Sunt Servanda): International law, including treaties, operates as a system of authoritative norms that transcend jurisdictional boundaries. The Vienna Convention on the Law of Treaties, to which parties are given judicial public notice, defines a treaty as an international agreement concluded between States in written form and governed by international law. A fundamental principle of international law, "pacta sunt servanda" (agreements must be kept), dictates that every treaty in force is binding upon the parties to it and must be performed by them in good faith. Furthermore, a state party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.
• Obligations of State Officials: Public officials in Ohio, including the Mayor of Massillon and other governmental functionaries, are expected to uphold the U.S. Constitution, which includes its provisions on treaty supremacy. Their oath of office, even if ambiguous, implies an obligation to honor the supreme law of the land.
• Claims of Non-Compliance: Despite the formal legal framework, some sources assert a practical "Non-Compliance" by entities like the City of Massillon and the State of Ohio. These entities are argued to impose "colored or colorable 'law(s)'" which appear valid but lack true legal authority, stemming from private corporate interests rather than supreme law. Moorish American Nationals specifically assert that these entities have "no jurisdiction" over them, viewing their own affairs as "Private Matter bearing the Prohibition of Third-Party interference of any kind" under treaties like the Treaty of Marrakesh. Enforcement of these "corporate statutes" by local and state law enforcement officers is considered unlawful and can lead to personal liability for the officers.
In essence, while the Ohio Constitution and Revised Codes formally recognize the supremacy of U.S. treaties, the sources highlight a tension between this legal principle and alleged practices that may contravene treaty obligations, particularly from the perspective of Indigenous Mu'ur American Nationals
Ohio revised Code
Section 1307.103 | Relation of Chapter 1307
(A) Sections 1307 101 to 1307.603 of the Revised Code are subject to any treaty or statute of the United States or regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable.
Also known as UCC 7-103
See also Municipal Home Rule in Ohio: Article XIII section(s) 2&3.
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