Our Senate and President (not to mention that he is a usurper) lack lawful authority to enter into a treaty that conflicts with The Constitution so even signed and ratified it would not be a valid treaty.
Reblogged from Political Vel Craft dated July 2012
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 VI. 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 : TREATIESDO 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.]
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 Sweet Liberty
Second Important Article About The Treaty Myth.
Treaties do not override the Constitution.
By Don Fotheringham In anticipation that our president may sign one or more treaties that conflict with the U.S. Constitution’s limited grant of power, several voices of alarm are contending that a treaty can override, or in effect amend, our Constitution. Although that view has gained some currency, it is a myth that contradicts the intent of those who framed the Constitution. And it violates any reasonable interpretation of that document. Origin of the Myth The frightful idea that U.S. treaties with foreign nations supercede the Constitution has been regularly promoted since the Eisenhower era.
1 It was given a big boost in 1952 when Secretary of State John Foster Dulles, a founding member of the Council on Foreign Relations (CFR), made the following statement:
2 … congressional laws are invalid if they do not conform to the Constitution, whereas treaty laws can override the Constitution. Treaties, for example, can take powers away from Congress and give them to the President; they can take powers from the states and give them to the Federal Government, or to some international body and they can cut across the rights given the people by the Constitutional Bill of Rights.
3 It would be hard to find a more preposterous assertion. Sadly, however, many citizens have been led to believe that treaties do override the Constitution. Could anyone really think our founding fathers spent four months in convention, limiting the size, power and scope of government, and then provided for their work to be destroyed by one lousy treaty?
But one might object, what about Article VI? Article VI establishes the supremacy of U.S. laws and treaties made within the bounds of the Constitution. It is called the Supremacy Clause, because it places federal laws and treaties that are made pursuant to the Constitution above state constitutions, laws. and treaties. Some Important History This was needed because, contrary to their agreement under the Articles of Confederation, certain states had violated their trust and entered into treaties with foreign powers.
During the convention,
Madison said: “Experience had evinced a constant tendency in the States to encroach on federal authority; to violate national Treaties, to infringe the rights and interests of each other.”
4 State-made pacts often conflicted with peace and trade treaties wanted by the Confederation Congress for the benefit of all thirteen states, making it hard for Congress to consummate better agreements with other nations. This also led to fierce contention between the states in their effort to monopolize the import of goods from Europe and the Indian tribes. But more serious dangers arose in matters of security, for should one state be at war with a foreign power while a sister state honors its peace agreement with the same enemy, the security of the entire Confederation would be threatened.
5 In an effort to head off such dangers, the Confederation Congress frequently attempted to nullify
state-made treaties in the state courts (there were no federal courts). But as might be expected, the state judges ruled inevitably in favor of their own states, pursuant to the state laws and constitutions.
The 1787 Convention corrected that problem by making certain only federal treaties would be recognized as valid. In this light, it is not hard to understand why paragraph two of Article VI is worded as follows: 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. Upon ratification of the Constitution, the state treaties were nullified.
Thereafter, only federal treaties were recognized as supreme, regardless of any remaining state provisions to the contrary. Moreover, under the new Constitution the founders established a Supreme Court, granting it original jurisdiction over treaty controversies, and thereby removing from state judges jurisdiction over treaty cases. In addition to quelling strife among the states, Article VI accomplished a major objective of the Convention, mainly that of placing the United States in a position to speak to the world with one voice.
United States treaties are created when proposed by the President, with the advice and consent of the Senate. The power of the President and the Senate, in their treaty-making capacity, was never intended to be a power greater than the Constitution. Citizens who met in the state ratifying conventions (1787 to 1790) to examine with great care the provisions of the proposed Constitution had a correct understanding of the Supremacy Clause.
During the ratifying debates, James Madison answered questions regarding the new national charter and commented on the extent of the treaty-making power under Article VI: “I do not conceive that power is given to the President and Senate to dismember the empire, or to 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 its delegation.”
6 In the same discussion
Madison said: “Here, the supremacy of a treaty is contrasted with the supremacy of the laws of the states. It cannot be otherwise supreme.” That is, a treaty cannot in any other manner or situation be supreme. Thomas Jefferson: “I say the same as to the opinion of those who consider the grant of treaty- making to be boundless. If it is, then we have no Constitution.”
But we do have a Constitution. Its life and viability depend entirely on the small number of citizens who 1) understand the document, and 2) who equally understand the forces at work to destroy it. At this point enough time has passed, and enough false teachings have been promulgated, to cause modern Americans to fall for the treaty power ploy. It is not surprising that John Foster Dulles, a ranking member of the CFR, should in 1952 circulate the treaty-power heresy that yet prevails.
It is time for serious reflection on the words of Edmond Burke, “The people never give up their liberties but under some delusion.” Those who seek to preserve the sovereignty of the United States must work energetically to expose the Dulles delusion — the ridiculous idea that treaties have intrinsic powers greater than the Constitution.
1 In decades immediately prior to the Dulles speech, Supreme Court decisions had already begun to enunciate the idea (see, for example, Missouri v. Holland in 1920 and United States v. Pink in 1942).
2 Dulles actually made this statement during a speech in Louisville on April 2, 1952, shortly before Eisenhower appointed him Secretary of State.
3 Quoted by Frank E. Holman, Story of the Bricker Amendment, (New York Committee for Constitutional Government, Inc., 1954), pp. 14, 15.
4 The Records of the Federal Convention of 1787, Farrand, Vol. I, p. 164.
5 Benjamin Franklin’s Plan of Union, America, Vol. 3, p. 47.
Debates on the Federal Constitution, Jonathan Elliot, ed., second edition, Philadelphia, J.B. Lippincott Company, 1907, Vol. III, p. 514. Robert Welch University