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UN Small Arms Treaty Means Big Changes for our Constitution
Tea Party Tribune ^ | 2012-11-09 12:53:04 | mrcurmudgeon

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.

Article shared using the Free Republish tool on Tea Party Tribune.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: 2012; banglist; bloodoftyrants; cwii; democrats; obama; teapartytribune; treason; tyranny; youwillnotdisarmus
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To: mylife

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.


21 posted on 11/09/2012 12:56:13 PM PST by Little Ray (I have VOTED AGAINST Obama in the General.)
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To: morethanright

All over America, there are a lot of “Liberty Trees” which will need some serious “Refreshing”.


22 posted on 11/09/2012 1:00:40 PM PST by Carriage Hill (America - a great idea while it lasted... it's over.)
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To: GeronL

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.


23 posted on 11/09/2012 1:01:09 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: Solidstatechemist; green iguana
No SSC, you're the one who needs some research :

As statutes may be held void because they contravene the Constitution, it should follow that treaties may be held void,
the Constitution being superior to both. And indeed the Court has numerous times so stated.

caselaw.lp.findlaw.com/data/constitution


24 posted on 11/09/2012 1:04:07 PM PST by tomkat
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To: Little Ray

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?


25 posted on 11/09/2012 1:04:36 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: morethanright

Time to scout out local hog farms.


26 posted on 11/09/2012 1:05:46 PM PST by TigersEye (Who is John Galt?)
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To: morethanright

They can pass it. Then let’s see them try to enforce it...


27 posted on 11/09/2012 1:07:40 PM PST by Dead Corpse (I will not comply.)
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To: tomkat

Thanks tomkat - I wasn’t going to bother.


28 posted on 11/09/2012 1:12:48 PM PST by green iguana
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To: mylife

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.


29 posted on 11/09/2012 1:21:00 PM PST by 1010RD (First, Do No Harm)
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To: Dead Corpse

They can pass it. Then let’s 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...


30 posted on 11/09/2012 1:22:57 PM PST by GraceG
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To: morethanright

It is time to join the NRA.


31 posted on 11/09/2012 1:33:27 PM PST by buffaloguy
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To: buffaloguy
It is time to join the NRA.

I'll put it bluntly: screw the NRA, join your local militia.

32 posted on 11/09/2012 1:38:02 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: tomkat

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.


33 posted on 11/09/2012 1:39:08 PM PST by Solidstatechemist (SolidStateChemist)
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To: morethanright

calling BS on this article. i mean really, get serious


34 posted on 11/09/2012 1:46:04 PM PST by beebuster2000
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To: Solidstatechemist
Relax .. eventually it'll come down to millions of individual decisions .. die on your feet in the face of whatever tyrant is beating on your door, or hop on up into the boxcars.
35 posted on 11/09/2012 1:48:08 PM PST by tomkat
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To: morethanright
A Treaty accepted by the President and passed by 2/3rds of the Senate becomes, according to the Constitution “the law of the land”. This makes it the equivalent of a law passed by Congress.

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.

36 posted on 11/09/2012 1:51:44 PM PST by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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To: morethanright

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.
Semper Fi!


37 posted on 11/09/2012 1:55:35 PM PST by Wi40
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To: Red Badger

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.


38 posted on 11/09/2012 2:24:09 PM PST by nomobs
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To: tomkat

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.


39 posted on 11/09/2012 2:25:35 PM PST by Ray76 ("We're ready to be led" - John Boehner, leader of the opposition)
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To: Ray76
That


+ 1

40 posted on 11/09/2012 2:30:00 PM PST by tomkat
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