Posted on 01/01/2009 8:51:08 PM PST by Jim Robinson
The US Senate is arguably the strongest governmental entity in the world designed to preserve and protect the liberty and freedoms that have been the hallmarks responsible for the most envied society in the history of the world, the United States of America.
In addition to the power to create laws and appropriate money like the US House of Representatives, the Senate alone has the power to approve Treaties and to determine who sits on the US Supreme Court. Think about the far-ranging impacts of these two powers. Treaties become the law of the land thereby overruling the Constitution. Think about the Kyoto Protocols, UN Conventions that the Courts have held are treaties in such things as endangered species and gun control and education and myriad other matters. Consider Supreme Court appointments that dismiss our contract with government (the US Constitution) vis a vis the boundaries and role of government to protect our freedoms and liberties as a living document not to be taken literally.
In short, the monumental collapse of the US Senate in recent years is responsible for the slide back into the sort of despicable central rule by a few that The Founding Fathers sought to replace with The Declaration of Independence and US Constitution after so many sacrificed their lives and fortunes to drive tyranny from our shores. It was precisely this guarantee of rights and freedom that nurtured our economic health and lured millions to leave the homelands where their ancestors had lived for generations and centuries to start a new life they could only imagine in their dreams.
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The Senate began its descent in 1962.
Long before that. Repeal the 17th Amendment and at least some Congressional abuses will be defanged.
Thank you, JimRob!
They also have confirmation power over the Executive branch. So far, that's meant cabinet positions. However, I think Democrats might use it more to deny military confirmations, such as General Officer promotions so that only "peace-minded" soldiers advance to the highest leadership ranks.
-PJ
The Senate has become a disgrace. Happy New Year Jim.
McCain-Feingold
>>>Treaties become the law of the land thereby overruling the Constitution
Nope, sorry, wrong. Treaties are simply another “law”, but not superior to the Constitution, which gives the power to enact treaties to the Congress. The source of the power cannot be subsurvient to a law enacted under its authority.
States rights have been systematically under attack since the Civil War.
The next 4 years could get REALLY interesting
And HAPPY NEW YEAR to you and yours!!!!! :)
Looks familiar.
Happy New Year!
I think he’s saying in effect it overrules the Constitution. What you’re saying is correct, but it’s not how the government views it. If a treaty can be construed to give the government more power than it would otherwise have, even if this power is unconstitutional, the government will always interpret it such that it gains the new power.
If we still cared about the Constitution, the Constitution would overrule treaties opposed to it, but unfortunately that’s not the case. We also wouldn’t teach Constitutional Law (i.e. precedent and judicial opinion) as the basis of Constitutionality, rather the Constitution (as well as the Declaration of Independence, Federalist Papers, State Constitutional Ratifying Conventions, Opinions of the Founding Fathers, notes from the original Constitutional Convention, etc.) would be taught as the basis of Constitutionality.
ping
States Rights
You are so right, Jim.
One of the worst things that has happened to this country. What were they thinking?
With the liberal republicans, they already have more than 60 on many issues. The only issue where I could see us getting enough dems to cross over to prevent something very bad would be gun control.
By product of the progressive era.
Why 1962?
The "passing of the crown" to Ted Kennedy, who wasn't qualified to run a clam shack. The only reason he didn't take the seat two years earlier was that he was too young, constitutionally. So old Joe and the Massachusetts machine had a seat warmer in there for two years.
Ted’s accession to the Senate, hoo boy. That was a disaster. Even in his first term he passed the immigration bill that has our backs to the wall, and may soon make it impossible to elect a conservative congress or president. Yep, I think you’ve got the date of the fall about right, though you doubtlessly have your own reasons.
-PJ
I don’t believe treaties overrule the US Constitution. They are indeed powerful, but they can’t be used to take away enumerated rights. They COULD be used to add additional restrictions, like making sexual orientation a protected class. In other words, the government couldn’t create a treaty that outlawed political speech. At least, that’s how I think it works.
Add Spector’s “Not Proven” to the list.
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