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TREATIES DO NOT SUPERSEDE THE CONSTITUTION

"IN QUESTIONS OF POWER, THEN, LET NO MORE BE HEARD OF CONFIDENCE IN MAN, BUT BIND HIM DOWN FROM MISCHIEF BY THE CHAINS OF THE CONSTITUTION."  THOMAS JEFFERSON, 1798 



You may be wondering what the NAIS has to do with treaties and the Constitution. The WTO (World Trade Organization), reached an agreement amongst participating countries several years ago in Uruguay, called the SPS (Sanitary and Phytosanitary) and TBT (Technical Barriers to Trade) agreements. For more information on these treaties, go to the "International Entanglement" Page. It's these two treaties that are giving the U.N. and the E.U. the supposed authority to dictate to the U.S. about our agriculture, including animal ID and traceback. The NAIS has severe Constitutional issues, and those international treaties - NO treaty - can override our Constitution. Please read:

 

 The following qualifies as one of the greatest lies the globalists continue to push upon the American people. That lie is: "Treaties supersede the U.S. Constitution".

The Second follow-up lie is this one: "A treaty, once passed, cannot be set aside".

HERE ARE THE CLEAR IRREFUTABLE FACTS: The U.S. Supreme Court has made it very clear that

1) Treaties do not override the U.S. Constitution.
2) Treaties cannot amend the Constitution. And last,

3) A treaty can be nullified by a statute passed by the U.S. Congress (or by a sovereign State or States if Congress refuses to do so), when the State deems a treaty the performance of a treaty is self-destructive. The law of self-preservation overrules the law of obligation in others. When you've read this thoroughly, hopefully, you will never again sit quietly by when someone -- anyone -- claims that treaties supercede the Constitution. Help to dispell this myth.

"This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty." - Reid v. Covert, October 1956, 354 U.S. 1, at pg 17.

This case involved the question: Does the NATO Status of Forces Agreement (treaty) supersede the U.S. Constitution? Keep reading.

The Reid Court (U.S. Supreme Court) held in their Opinion that,

"... No agreement with a foreign nation can confer power on the Congress, or any other branch of government, which is free from the restraints of the Constitution. Article VI, the Supremacy clause of the Constitution declares, "This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all the Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the land...’
"There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution nor is there anything in the debates which accompanied the drafting and ratification which even suggest such a result...

"It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights – let alone alien to our entire constitutional history and tradition – to construe Article VI as permitting the United States to exercise power UNDER an international agreement, without observing constitutional prohibitions. (See: Elliot’s Debates 1836 ed. – pgs 500-519).

"In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government and they cannot be nullified by the Executive or by the Executive and Senate combined."

Did you understand what the Supreme Court said here? No Executive Order, Presidential Directive, Executive Agreement, no NAFTA, GATT/WTO agreement/treaty, passed by ANYONE, can supersede the Constitution. FACT. No question!

At this point the Court paused to quote from another of their Opinions; Geofroy v. Riggs, 133 U.S. 258 at pg. 267 where the Court held at that time that,

"The treaty power as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or a change in the character of the States, or a cession of any portion of the territory of the latter without its consent."
Assessing the GATT/WTO parasitic organism in light of this part of the Opinion, we see that it cannot attach itself to its host (our Republic or States) in the fashion the traitors in our government wish, without our acquiescing to it.

The Reid Court continues with its Opinion:

"This Court has also repeatedly taken the position that an Act of Congress, which MUST comply with the Constitution, is on full parity with a treaty, the statute to the extent of conflict, renders the treaty null. It would be completely anomalous to say that a treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument."
The U.S. Supreme court could not have made it more clear : TREATIES DO NOT OVERRIDE THE CONSTITUTION, AND CANNOT, IN ANY FASHION, AMEND IT !!! CASE CLOSED.

Now we must let our elected "representatives" in Washington and the State legislatures know that we no longer believe the BIG LIE... we know that we are not bound by unconstitutional Treaties, Executive Orders, Presidential Directives, and other such treasonous acts.

[Note: the above information was taken from Aid & Abet Police Newsletter, with limited revision. P.O. Box 8712, Phoenix, Arizona. Acknowledgment given to Claire Kelly, for her good assistance and in depth treaty research. The use of this information is not to be construed as endorsement of Aid & Abet Police Newsletter. Claire Kelly is a trusted and knowledgeable friend. - CDR]

__________________________________________


Here's what Thomas Jefferson said on the right to renounce treaties:

"Compacts then, between a nation and a nation, are obligatory on them as by the same moral law which obliges individuals to observe their compacts. There are circumstances, however, which sometimes excuse the non-performance of contracts between man and man; so are there also between nation and nation. When performance, for instance, becomes impossible, non-performance is not immoral; so if performance becomes self-destructive to the party, the law of self-preservation overrules the law of obligation in others".
pg 317 - "The Life and Selected Writings of Thomas Jefferson," A. Koch & Wm. Peden, Random House 1944, renewed 1972. Jefferson also said in a letter to Wilson C. Nicholas on Sept. 7, 1803, Ibid. pg 573

"Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction [interpretation]. I say the same as to the opinion of those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution." ______________________________________________________________
Further evidence:

Excerpt from a letter from U.S. Senator, Arlen Specter, (R. Penn.) to constituent, November 3, 1994.

"Dear Mr. Neely:
"Thank you for contacting my office regarding the United Nations Convention on the Rights of the Child. ... I have signed on as a cosponsor of Senator Bradley’s resolution [SR 70, which urges the president to seek the advice and consent of the Senate for ratification] because I believe that the U.N. Convention on the Rights of the Child is an appropriate step in the direction of promoting the well-being of children throughout the world. [he goes on to mention concerns that the treaty would subjugate familial and parental responsibility to an international entity, which he denies]

"... Secondly, the Convention would not override the U.S. Constitution; rather, as in the case of any treaty, any provision that conflicts with our Constitution would be void in our country... "

[CDR Note: It is our belief that Arlen Specter would not have been as truthful regarding Constitutional Supremacy over treaties if he had a clue that this letter to a constituent would have found its way into the hands or eyes of the public.]

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Logical deduction:

     No law or treaty supersedes the Supreme Law of the Land.  'Supreme'... meaning 'highest or greatest'.  What is higher than highest or greater than greatest, other than our Creator?  The Constitution acknowledges our God-given, unalienable rights, and secures those rights in that acknowledgement.   

     The Constitution gives the US Senate authority to ratify treaties with other nations. Americans have been propagandized into believing that those treaties become the supreme law of the land superseding the Constitution. Let's examine this deception closely and dispel the myth once and for all. Article VI of the Constitution states:

Clause 2 - "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, anything in the constitution [of any state] or laws of any state to the contrary notwithstanding."
Clause 3 - "The senators and representatives before mentioned, and the members of the several state legislatures, and all executives and judicial officers, both of the United States and the several states, shall be bound by oath of affirmation to support this Constitution ."

     Laws made in pursuance of this Constitution are laws which are made within the strict and limited confines of the Constitution itself. No federal, state, or international law, rule or bureaucratic regulation and no state constitution can supersede B or be repugnant to B this Constitution.

     Treaties made under the authority of the United States... the United States (federal government) was authorized by and on behalf of the people and in pursuance of this Constitution to enter into certain treaties with other governments. The United States (federal government) obtains its authority solely from the Constitution. It would be ludicrous to think that it has the power to circumvent (via treaties) that which grants it its authority.

     In Clause 3, it is made clear that every elected official, both federal and state, is bound by oath to support this Constitution. Who can rightly, and genuinely claim to be given the power to destroy that which they are elected and sworn to uphold?

     The powers granted by the Constitution cannot sanely be construed to provide the authority to usurp, pre-empt or eradicate it. 

     The U.S. Supreme Court as cited above correctly ruled that the supremacy of the Constitution overrides treaties.  It should be noted that if any Court, be it a State, Federal or the U.S. Supreme Court, should ever rule otherwise, the decision would be repugnant to the Constitution and the ruling would be null and void.  The answer to this question is self-evident.

     The Constitution authorizes the United States to enter into treaties with other nations B the word Anation@ although not explicit, is certainly implied. The United Nations is an Organization - a Global Corporate Bureaucracy. The 'experts' in international law, commerce, banking, environment, etc.; and a cadre of alleged conservative / Christian-conservative leaders -- lawyer, Dame of Malta, Phyllis Schlafly being a prime example -- have been spewing forth propaganda to instill and further the myth of 'treaty-supremacy' for decades. Their 'expertise' is an illusion created apparently with hopes to instill a sense of inferiority in the 'common man' (their term) so we will all defer to their superior intelligence. Let's not go there.

Here's a perfect example of 'expert' propaganda on the supremacy question: On April 11, 1952, Secretary of State, John Foster Dulles (cfr), speaking before the American Bar Association in Louisville, Kentucky said...

"Treaties make international law and also they make domestic law. Under our Constitution, treaties become the supreme law of the land.... Treaty law can override the Constitution. Treaties, for example, ...can cut across the rights given the people by their constitutional Bill of Rights."
Mr. Dulles is confused about the People's rights. To repeat an earlier statement of fact: the Constitution doesn't 'give' us rights. The Constitution acknowledges and secures our inherent, Creator-endowed rights. What Creator gives, no man can take away.

The Dulles brothers worked (lied) long and hard to firmly establish the treaty-supremacy myth. And they realized it would have to be done by deceit -- propaganda. Admittedly by propaganda.

"There is no indication that American public opinion, for example, would approve the establishment of a super state, or permit American membership in it. In other words, time - a long time - will be needed before world government is politically feasible... This time element might seemingly be shortened so far as American opinion is concerned by an active propaganda campaign in this country..."
Allen W. Dulles (cfr) from a UN booklet, Headline Series #59 (New York: The Foreign Policy Association., Sept.-Oct., 1946) pg 46.

     The question of "nationhood" in reference to the United Nations seems to have been addressed by the errant Congress.  A quick fix apparently took place in the U.S. Senate on March 19, 1970. According to the Anaheim (Cal) Bulletin, 4-20-1970, the Senate ratified a resolution recognizing the United Nations Organization as a sovereign nation. That would be tantamount to recognizing General Motors as a sovereign nation. Are we beginning to get the picture?

Case Closed


http://www.sweetliberty.org/issues/staterights/treaties.htm

 

TREATIES AND THE CONSTITUTION
by George C. Detweiler

Contrary to current internationalist misrepresentations, the Founding Fathers never intended that treaty law supersede the Constitution.

Nearly 50 years ago, John Foster Dulles, secretary of state under President Dwight Eisenhower, asserted that "treaty law can override the Constitution. Treaties, for example … can cut across the rights given the people by their constitutional Bill of Rights." Leaving aside the fact that the Constitution and Bill of Rights protect rights, rather than grant them, Dulles’ calculated misrepresentation of the treaty-making power serves as a timely warning today, as a globalist political elite tirelessly promotes UN treaties and conventions that imperil long-cherished American freedoms.

Perhaps the most suitable example of a UN treaty that would "cut across" rights protected by the Constitution is the International Criminal Court (ICC) statute, which would create a permanent, 18-judge tribunal with a mandate over every living human being. Dr. Charles Rice of the University of Notre Dame Law School describes the ICC treaty as a measure that would "cancel the Fourth of July" by making all Americans subject to trial, in a foreign land, before foreign judges empowered to make "law" according to their whims. This arrangement would recreate one of the key offenses of the British Crown cited in the Declaration of Independence — that of subjecting Americans "to Jurisdiction foreign to our Constitution, and unacknowledged by our Laws...."

Lee Casey, a former Justice Department Counsel, has pointed out that the ICC treaty "contains no habeas corpus provisions, no right to bail, and no other means of compelling the [court] to conduct a speedy trial." Under the "international standards" that may govern the ICC, Casey further points out, suspects may be detained for five years or more without being charged with a crime. In addition, those arraigned before the UN tribunals established to prosecute "war crimes" in Yugoslavia and Rwanda — which serve as precedent-generating models for the permanent ICC — have been denied nearly all of the protections and immunities guaranteed by the U.S. Bill of Rights.

Defendants before those tribunals have been denied the right to defense counsel of their choice; they have been denied the right to confront their accusers; they have been required to offer self-incriminating testimony, and informed that refusal to do so would be considered evidence of guilt. Even more outrageous is the Stalinesque means used by these UN tribunals to carry out their judgments. British legal activist Barry Crawford, who has been an observer at the UN’s tribunal for Rwanda, warns that "in order to enforce its edicts, people have been quite literally kidnapped and detained in secret locations and denied access to defense counsel." Identical criminal methods have been used by officials at the UN’s tribunal for Yugoslavia. But the most outrageous aspect of the ICC treaty is this: After the pact has been signed and ratified by 60 nations, it will go into effect, thereby claiming world-wide jurisdiction — including the power to arrest and try citizens of nations (including Americans) that refuse to participate in the court.

Critics of the ICC treaty, particularly those in the Pentagon who are understandably concerned that U.S. military personnel could find themselves subject to vindictive prosecution, have urged the president not to sign the treaty, and the Senate not to ratify the document should it be signed. However, relatively few of the ICC’s opponents have criticized the premise that the president and Senate have the power to commit our nation to a treaty that would inflict upon our nation the horrors described above. Indeed, most commentary about the ICC and similar UN treaties reflects the same misunderstanding of the Constitution’s "Supremacy Clause" that was propagated by John Foster Dulles so long ago.

Treaties and Rights

The "Supremacy Clause" of the U.S. Constitution is contained in Article VI:

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.

As the Constitution was being constructed at the Philadelphia Convention of 1787, the experience of the previous few years made it abundantly clear that it was essential to establish the central government’s power to conduct foreign affairs. It was necessary that the United States speak with one voice in matters of international diplomacy. To have 13 individual and separate states each conducting its own foreign policy, making its own treaties and sending and receiving its own ambassadors would have been an invitation to chaos; to have 50 states doing so today would be the quintessence of insanity.

But the powers delegated to the federal government to conduct foreign affairs — including the treaty-making power — are carefully limited and checked by the Constitution. The Framers did not present the federal government with vast, unenumerated, or unaccountable powers in either domestic or foreign policy. It was certainly never intended, as Dulles and others of his ilk insist, that the federal government could use the treaty-making power to evade constitutional limits upon its powers. And it is the purest absurdity to believe that statesmen who had just wrested our nation’s independence from a globe-spanning empire would create a treaty-making provision through which our independence could be signed away.

Addressing the scope and limits of the Constitution’s treaty power, James Madison — often described as the father of the Constitution — said the following:

I do not conceive that power is given to the President and the Senate to dismember the empire, or alienate any great, essential right. I do not think the whole legislative authority have this power. The exercise of the power must be consistent with the object of the delegation.

Thomas Jefferson emphatically agreed with Madison’s depiction of the limits placed upon the treaty power. If the treaty-making power is "boundless," warned Jefferson, "then we have no Constitution." On another occasion, Jefferson elaborated:

By the general power to make treaties, the Constitution must have intended to comprehend only those objects which are usually regulated by treaty, and cannot be otherwise regulated.... It must have meant to except out of those the rights reserved to the states; for surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way. [Emphasis added.]

Alexander Hamilton was in perfect agreement with both Madison and Jefferson. "The only constitutional exception to the power of making treaties is, that it shall not change the Constitution.... On natural principles, a treaty, which should manifestly betray or sacrifice primary interests of the state, would be null." (Emphasis added.)

The observations of Jefferson and Hamilton are particularly valuable in light of the danger posed by the ICC treaty. Since the president and Senate are strictly and explicitly forbidden by the Constitution to deny the protections and immunities guaranteed by the Bill of Rights, they have no authority to conclude a treaty that would have the same result. To paraphrase Hamilton, any such treaty signed by the president and ratified by the Senate would, on "natural principles," be null and void.

Laws of the Land

The language of Article VI clearly states that in the event of a conflict between a treaty and a state constitution or statute, the treaty trumps the state enactments. Analysis of the relationship between the Constitution and treaties and federal statutes requires some resort to the rules of grammar and punctuation and to history.

Two separate categories of laws are declared to be the supreme law of the land. Category one is the Constitution and laws of the United States made in pursuance thereof. The history of the Republic is replete with examples of U.S. laws which are not made in pursuance of the Constitution and which the courts hold to be void. Although the Constitution is (to use an academic legal term) the "super supreme" above all other law, the Founders expanded the term "supreme law of the land" to include constitutionally sound laws enacted to carry out the specific functions assigned to the federal government. Pockets of misunderstanding have developed when the second category is considered — treaties.

The Founders were learned men, well versed in the use of language, the law, and politics. They wrote clearly and precisely. Note that it is not all treaties that are declared to be the supreme law of the land, but only those made under the authority of the United States. Popular misconceptions center around trying to apply the language "made in pursuance thereof" to treaties as well as to laws of Congress. Under this misreading, it would become laws of Congress and treaties made in pursuance of the Constitution which are the supreme law. That is not the way the Constitution was written. The reference to enactments made "in pursuance thereof" is limited to laws of Congress. A semicolon follows, which sets apart and establishes the second category, treaties, made under the authority of the United States. What is the reason and the effect of creating the two categories? Did the Founders intend that treaties were supreme over the Constitution or statutes passed by Congress? In addition to the Founders’ insights cited above, history and decisions of the U.S. Supreme Court answer both questions in the negative.

Hostilities between England and the United States during the War of Independence came to a formal end with the approval of the Treaty of Paris in 1783 when the Articles of Confederation were still in effect, six years before the Constitution was approved in 1789. In creating the Constitution, the Framers wanted to preserve the viability of the Treaty of Paris and perhaps other treaties already in existence when the Constitution was adopted. They knew that if the Constitution were worded so that only treaties made pursuant to the Constitution were supreme, it would have voided all treaties made before the Constitution became effective. This they clearly did not want to do.

In order to preserve the earlier treaties, the Framers composed wording which gives supremacy to treaties made under the authority of the United States. Since the earlier treaties were made under such authority, their efficacy was preserved. Had those treaties not existed, the founders could have written Article VI to provide that the Constitution, federal statutes, and treaties made pursuant thereto would be the supreme law of the land. What, then, does a treaty made under the authority of the United States mean in post-Constitution times? Decisions by the Supreme Court suggest that the meaning of requiring treaties to be made "under the authority of the United States" can be read as identical to the requirement that federal statutes be "made in pursuance thereof [the Constitution]."

The Founders’ foresight was vindicated in one of the first decisions by the Supreme Court applying the Supremacy Clause, Ware v. Hylton (1793). During the war years, British creditors were unable to bring suit for debts owed them by citizens of Virginia and other states. Virginia passed laws that permitted debtors to pay into the treasurer of the state amounts owed to these creditors. The defendant had made such a payment and, under Virginia law, been discharged of his obligation to pay his British creditor. The Treaty of Paris provided that creditors on both sides of the conflict could recover money owed to them despite any state law to the contrary. The treaty and the Virginia statutes were in direct conflict. Applying Article VI, the Court found that the treaty prevailed and the creditors could proceed to recover the amounts owed them.

Later cases developed the rule that treaties, like federal statutes and state constitutions and statutes, which violate the Constitution are void. Chief Justice of the United States Joseph Story expressed the consensus of constitutional scholars of the previous century when he wrote: "[T]hough the power is thus general and unrestricted, it is not to be so construed as to destroy the fundamental laws of the state. A power given by the Constitution cannot be construed to authorize a destruction of other powers given in the same instrument.... A treaty to change the organization of the Government, or to annihilate its sovereignty, to overturn its republican form, or to deprive it of its constitutional powers, would be void; because it would destroy what it was designed merely to fulfill, the will of the people."

Defying Constitutional Limits

Many of the cultivated misunderstandings about the Supremacy Clause so prevalent today were prefigured in the Supreme Court’s opinion in United States v. Curtiss-Wright Export Corp. (1936). That decision dealt with the scope of presidential power in conducting foreign policy and foreign relations. The Court held: "The broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs." Dispensing with the Founders’ understanding that the federal government has only those powers specifically granted to it, the Court declared that "the investment of the federal government with the powers of external sovereignty did not depend upon the affirmative grants of the Constitution. The powers to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitution, would have vested in the federal government as necessary concomitants of nationality."

Rather than deriving its powers from specific constitutional assignments, continued the Court, the central government can claim powers as it deems them to be "inherently inseparable from the conception of nationality." Such powers include those necessary "to acquire territory by discovery and occupation … to expel undesirable aliens … to make such international agreements as do not constitute treaties in the constitutional sense...." Although none of these powers "is expressly affirmed by the Constitution," the Court concluded that they are supposedly legitimate because they are "in the law of nations" — or what is now referred to as "international law."

Other Precedents

Subsequent federal court decisions have essayed a sounder constitutional course. In 1947, in Amaya v. Standard Oil & Gas Co., a federal appeals court found that "the treaty-making power does not extend ‘So far as to authorize what the constitution forbids.’" In 1957, in Reid v. Covert, the Supreme Court clearly ruled that constitutional guarantees cannot be abolished by either treaty or statute, stating: "no agreement with a foreign nation can confer power on Congress, or on any other branch of Government, which is free from the restraints of the Constitution."

In its review of the Supremacy Clause in Reid v. Covert, the Court offered a compelling demolition of the idea that treaties can be used to "cut across" constitutionally protected rights:

There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. These debates as well as the history that surrounds the adoption of the treaty provision of Article VI make it clear that the reason treaties were not limited to those made in ‘pursuance’ of the Constitution was so that agreements made by the United States under the Articles of Confederation, including the important treaties which concluded the Revolutionary War, would remain in effect. It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights — let alone alien to our entire constitutional history and tradition — to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions.

"There is nothing new or unique about what we say here," concluded the Court’s ruling. "This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty." Although Reid v. Covert remains the controlling precedent, the excerpt cited above from the Court’s ruling in United States v. Curtiss-Wright Export Corp. suggests that the Court hasn’t been entirely consistent in upholding the supremacy of the Constitution — which is why those committed to preserving our Constitution and our national independence cannot confide in the wisdom and restraint of the Supreme Court.

Congress Is the Key

The true purpose of the Article VI Supremacy Clause is to designate the Constitution as the "super supreme" to which all other enactments — treaties, federal statutes, state constitutions or statutes — must conform. In keeping with the federalist structure of the Constitution, treaties can only be used to carry out the "few and defined" powers conferred upon the federal government; otherwise, they are, from a constitutional perspective, null and void.

Treaties are on a par with federal statutes. They supersede prior statutes and may, in turn, be superseded by later ones. Why, then, are so many acts of the federal government which are done in compliance with treaties or international agreements, yet are in violation of the Constitution, allowed to go unchallenged? One example of this is the frequency with which presidents have cited U.S. treaties with the UN and its subsidiaries (such as NATO and SEATO) to justify sending our troops to war without a congressional declaration.

Although the Supreme Court has seen fit to declare "the order of priorities" under Article VI, it has been reluctant to declare any given treaty to be unconstitutional. Additionally, since courts only decide cases and controversies, a dispute between an injured party and the purported perpetrator is necessary to get any government action before the federal courts. Military actions, like the examples cited above, do not give rise to private disputes that result in justiciable issues so as to present the courts with an opportunity to decide the constitutionality of these actions.

However, a reasonable conclusion from the decisions of the Supreme Court is that a treaty may be abrogated in its entirety by statute. This would mean that Congress has the power to change or abolish any treaty by enacting legislation superseding it.

With American liberties now imperiled in unprecedented ways by the ICC statute and scores of other UN treaties, it is more important than ever that citizens become educated and mobilized to compel Congress to use its power to protect our Constitution. An excellent place to begin would be passage of H.R. 1146, the "American Sovereignty Restoration Act" — a measure sponsored by Rep. Ron Paul (R-Texas) which would terminate all U.S. participation in the United Nations. Americans must write their congressmen to support and co-sponsor the American Sovereignty Restoration Act — before the treaty trap is sprung and our liberties are but a cherished memory.


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Mr. Detweiler, a former assistant attorney general for the state of Idaho, is a practicing attorney in Twin Falls, Idaho.

http://www.unwatch.com/treaties.html

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http://nonais.org/ 

Interesting analysis of the government’s violation of rights with the USDA’s proposed National Animal Identification System comes from a high school class of Earl Taylor:

Evaluation of NAIS by Principles of Liberty

 

Here is how my senior class would evaluate the NAIS proposal:

Violates Principle 19: Only limited and carefully defined powers should be delegated to the government, all others being reserved in the people . The powers of the federal congress are outlines in Article I, Section 8 of the Constitution. The people have not delegated power to congress for this sort of thing. The Tenth Amendment of the Constitution is violated because it is not a delegated power.

Violates Principle 21: Strong local self-government is the keystone to preserving human freedom. If there are any controls on animals necessary for health purposes, local and state governments are the proper level to do it, not the federal.

Violates Principle 15: Life and liberty are secure only so long as the right of property is secure . Property is an extension of one’s life and labors. When government begins taking property, it reduces the value of human life. The Fourth Amendment protection against unreasonable searches and seizures of one’s property is also violated by this proposal.

Could the federal government ever do such a thing if the people wanted it to?

Yes, if the people really wanted the federal government to implement such regulations on animals, then they would have to amend the Constitution giving congress the power to do such a thing. This power would be added to the list of powers in Article I, Section 8.
-Applying Principles of Liberty to Real Life Events

This teacher is helping students think critically about Constitutional issues and question the government’s actions. What can you do to help counter the USDA’s propaganda campaign at your local schools, 4-H, FFA and fairs?