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To: familyop; philman_36
In spite of all of the obvious above, some people doggedly insist that "treaties supersede the Constitution" because they want treaties to supersede the Constitution so they can escape the chains of the Constitution!

Horse pucky. I'm insisting that they do supersede the Constitution (at least in practice if not technically) because I don't want people pitching a false sense of security.

  1. There are treaties that have been on the books for over fifty years that so plainly exceed the limits of the government's enumerated powers that it isn't worth the argument.
  2. There are laws that cite those treaties as the source of their authority. Why would they do that if they were otherwise Constitutional?
  3. Those laws have been used to deprive the people of their unalienable rights to takings of property without just compensation.
  4. Pursuant to said provisions, treaties have been ratified with no committee vote and no record of a quorum.
  5. The language of the Supremacy Clause can be read two ways, simply because the commas therein render it so. This was, in my judgment a deliberate act.
  6. The agent in charge of slipping this into the language along with the bogus matter of treaty ratification was Hamilton. He plainly lied about it in Federalist 75.
  7. Hamilton claimed it was among the most discussed elements of the Federal Convention. It is false. There was virtually NO discussion of the treaty power.
  8. In my estimation, the reason the language was there was pursuant to the demands of our lenders, so that the government could have the funds to defend the country from reconquest.

It was a bad deal. We should have amended both Article II, Section 2, Clause 2 and the Article VI Supremacy Clause. That was never done.

Hence, there are treaties that wildly exceed Constitutional limitations, not one has ever been thrown out by a court, and the United States has agreed to not contravene their terms upon signature alone without ANY authority for the last forty years.

Please wake up.

4 posted on 03/28/2013 7:21:27 AM PDT by Carry_Okie (An economy is not a zero-sum game, but politics usually is.)
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To: Carry_Okie; familyop
I'm insisting that they do supersede the Constitution...

Would you consider the treaties you're speaking of to be on a par with the Constitution as long as they don't usurp the delegated powers within the Constitution?

6 posted on 03/28/2013 6:08:00 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infay. Benjamin Franklin)
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To: Carry_Okie

It was always my understanding that the reason the
Fed would never legalize Marijuana was because of
a previous Anti-Marijuana Treaty from the 1930s.


8 posted on 03/29/2013 4:47:15 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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