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To: blueyon
As dismaying as it sounds, our liberties, left undefended by our Congress, might depend entirely on the vote of one dubious patriot on the Supreme Court when the effects of this treaty come under review.

The problem is the Constitution empowers Congress to fix the jurisdiction and even the existence of the federal court system. Second, the Constitution permits treaties to become the law of the land. There is, however, a body of constitutional law which holds that treaties which violates certain of the Bill of Rights are unconstitutional.

Any red-blooded conservative will feel indignant at the idea of his rights being dependent on the dubious patriotism of the likes of the women on the United States Supreme Court.

This treaty undermines the Article III powers of the judicial branch and vests them in a foreign court. In doing so it not only destroys the intent of Article III as interpreted since Marbury vs. Madison, it destroys the Article I powers of Congress to fix, within limits, the jurisdiction of the federal courts. Beyond that, it deprives citizens of their constitutional rights as they appear in those courts, all of this being done in secret so it is procedurally as well is substantively corrupt.


27 posted on 06/01/2015 7:36:27 PM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

BTTT


45 posted on 06/01/2015 10:38:56 PM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
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