Skip to comments.UN Small Arms Treaty Means Big Changes for our Constitution
Posted on 11/09/2012 12:21:58 PM PST by morethanright
By Mr. Curmudgeon:
Flush with a new sense of purpose after his re-election victory, President Obama signaled his administration's support for the United Nations Small Arms Treaty. What follows are two of the treaty's provisions:
That means every firearm, its various parts and ammunition will be regulated. And you, the "end-user," will earn the privilege of having your name recorded in an international registry.
"That can't happen here," you say, "The Supreme Court's 2010 ruling in District of Columbia vs. Heller denies the feds, the states and local authorities the power to restrict my 'right to bear arms.'"
If you believe so, you are dead wrong.
Most Americans believe the only way the United States Constitution can be revised is when Congress passes an amendment for the states to ratify. However, the president and Senate can do just that by signing and ratifying an international treaty. And just in case you have forgotten, Fast and Furious Democrats control the White House and Senate.
In 1920, the Supreme Court's ruling in Missouri vs. Holland said the Constitution's treaty-making provision (the Supremacy Clause) means that international agreements entered into by the United States are the "supreme law of the land." The issue in the case concerned the Migratory Bird Treaty Act of 1918. The U.S.-British agreement limited the hunting of certain endangered birds. The State of Missouri contested the treaty for violating their 10th Amendment state's rights.
Progressive Justice Oliver Wendell Holmes, writing for the high court's majority, established a line of legal reasoning that persists to this day: That changing times requires rethinking the interpretation of our dusty and antiquated Constitution.
"... We must realize that they [the Founders] have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters," wrote Holmes, "... We must consider what this country has become in deciding what that [10th] amendment has reserved."
In other words, the "Truths" the Founders declared to be "Self-Evident" are malleable clay. The Constitution is not a parchment containing the steadfast certitude of law but a living and evolving "being." More importantly, there is no need to exercise the constitutionally sanctioned remedies to amend the document when we have nine erudite high priests who are better suited to the task.
When President Obama signs the U.N. Small Arms Treaty, and if the Democratic Senate ratifies it, the Constitution's Supremacy Clause - as interpreted by Holmes - effectively removes our Second Amendment protection from the founding document.
It's more than a little ironic that an early 20th century treaty, designed to save birds, effectively renders us a nation of sitting ducks.
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Why don’t we defund the UN, since we are the major contributor to their existence.
It will never be ratified in the Senate.
Not even Obama’s Senate.
It’s a rubber stamp Congress.
Anyone who believes a treaty should override the Constitution is a traitor
Our Constitution Means UN Small Arms Treaty Don't Mean Squat!
2/3 senate vote for ratification....
can’t say it WON’T happen, but it is highly improbable..
and the supremacy clause does not apply, the UN is not supreme to the US Constitution...
‘Democrat’ and ‘Ratify’ have the word Rat in them. The Senate has the word ate in it. It also has ‘sen’, very close to ‘sin’. Combine the two and it’s easy to come up with ‘defy’.
Sinning rats ate away at our rights, and defy us.
If it is ratified by the Senate, any Senator voting ‘Aye’ will instantly become fodder for the 100 million Henry Bowman’s born on that day.
Not trying to give you a hard time, but neither party gives a fudge popsicle about our Constitution anymore.
Communist Tyrant Barry Davis Obama has many tests that must be met before he lowers himself to make a speech-action. Some of these tests are as follows:
1.) Will this speech-action fundamentally change America?
2.) Will this speech-action increase the power of the rulers over the ruled?
3.) Will this speech-action exact a significant amount of REVENGE on Americans who dare to oppose the implementation of Obamanation Communism?
IMHO, a speech-action by Communist tyrant Obama approving the destruction of our Right to Bear Arms would greatly pass all of the above 3 tests.
Thus, as an empty-chair tyrant, Communist Obama may make an additional Boy, do I ever love the Middle Class! Speech from time to time, but Corporate Jet Travel and time on the Golf Links are still ranked higher on the list of really fun things to do for the Illegal Alien Impostor in the White House.
BTW, with our sorry, spineless, RINO leaders back in Congress, Obama is going to REALLY enjoy the next 4 years!
The Constitution supercedes treaties, not the other way around.
Time to dust off Travis’ EFOD books and do some more reading this weekend.
Anytime any federal agent decides to obey orders to confiscate guns, it should be a fatal decision.
To those that refused to vote for “love of country”:
I would almost bet that the RINO’s mother lovers in the Senate would help pus this through, but outlawing guns and getting them are two different things.
Sometimes a push like this is a “Bridge too far”.
The Republicans control the House. So, what if they just kinda ‘forgot’ to put in any new funding?..........
In my estimation 25% of the most liberal loons at DU are 2nd amendment supporters
I don’t see 2/3rds of the Senate ratifying this and WE Control the Congress.
Even Tojo understood.
You are wrong about that. Look it up.
They only need 2/3s of the Senators PRESENT. So, if there are enough Senators present to form a quorum, then a 2/3s vote of those Senators can ratify the treaty.
All over America, there are a lot of “Liberty Trees” which will need some serious “Refreshing”.
Furthermore, there is a movement afoot in this nation that defies this weeks election results.
Walmart is selling AR15s and all the accessories.
Walmart has sig sauer AR’s on special for black friday.
Fair enough.I know Obama is dumb enough to do it.
Will The Senate?
I doubt it.
Hell they can’t round up the illegals in this nation and deport them.
How will they round up gazillions of guns?
Time to scout out local hog farms.
They can pass it. Then let’s see them try to enforce it...
Thanks tomkat - I wasn’t going to bother.
Why not? Only 2/3s of Senators PRESENT are needed to pass a treaty.
The trouble is the 17th Amendment. It was ratified and adopted in 1913. When did Holmes make his ruling?
If you wonder how we got our IRS and income tax take a look at Arizona’s statehood. We’ve been coopted for a long, long time.
They can pass it. Then lets see them try to enforce it...
They can’t even enforce immingration laws and the mountain of laws they have on the books, but they do selectively enforce them...
They will most certainly selectively enforce this law because the Republic is over....
“I would remind you that extremism in the defense of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue.”
Goldwater was right and will continue to be proven right...
It is time to join the NRA.
I'll put it bluntly: screw the NRA, join your local militia.
Okay, Mr. tomkat, and Mr. green iguana, there’s one to you! I will take some comfort in Reid v. Covert, (if I can trust information garnered off the web in short order) but I must say, that I still will remain uneasy that the Bricker Amendment and other efforts since then have always failed. In this day and age, I would like more assurance, rather than less. Be assured I will be doing more research on the subject.
calling BS on this article. i mean really, get serious
No law passed by Congress can supercede the U.S. Constitution and the rights recognized therein.
A treaty can be judged to be Unconstitutional. No free man needs to follow a law that abridges their natural rights - and the people have a natural right to keep and bear arms.
I foresee underground gun swaps and sales. No FFL’s allowed, and most of all, a juried admittance room.
No cell phones or other electronics allowed inside, not even pace makers.
And then I woke up, yawn.......
Wow! What a dream I just had, I can’t believe it.. Whew
Sometimes my meds really induce some way out dreamland adventures.
I’d better make an appointment with Doc.
Republicans - Not Conservatives - control the house. Look at Boehner and decide for yourself if there is a chance they will EVER do the right thing.
How about shooting the tyrant beating on your door and blowing the rails so the box cars don’t run.
Initiating violence is wrong. Defense is just.
Treaties are made to be broken, just ask any Indian. Still, we should get out of the UN and kick them out.
There still is not 67 votes in the senate for it. Obama can sign it a hundred times but it is not going to be ratified.
EXACTLY! Just like when Scott Brown was elected, there was no way they were going to be able to pass Obamacare.
I may die, but I'm taking one bastard with me.
You and me both .. proudly channeling Patrick Henry
“The Constitution supercedes treaties, not the other way around.”
WRONG! All native American treaties supercede it. Upheld three times by SCOTUS.
They're know that we would start shooting at them if they passed something like this so, it's a no-go.
US out of the UN, UN off US soil!
There are 20 dem senators who are up for re-election in 2014.
One would think that those not in heavily dem states would think twice before ratifying this so-called treaty.