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North American Union Would Trump U.S. Supreme Court
Human Events Online ^ | Jun 19, 2006 | Jerome R. Corsi

Posted on 06/19/2006 7:37:30 AM PDT by hedgetrimmer

The Bush Administration is pushing to create a North American Union out of the work on-going in the Department of Commerce under the Security and Prosperity Partnership of North America in the NAFTA office headed by Geri Word. A key part of the plan is to expand the NAFTA tribunals into a North American Union court system that would have supremacy over all U.S. law, even over the U.S. Supreme Court, in any matter related to the trilateral political and economic integration of the United States, Canada and Mexico.

Right now, Chapter 11 of the NAFTA agreement allows a private NAFTA foreign investor to sue the U.S. government if the investor believes a state or federal law damages the investor’s NAFTA business.

Under Chapter 11, NAFTA establishes a tribunal that conducts a behind closed-doors “trial” to decide the case according to the legal principals established by either the World Bank’s International Centre for the Settlement of Investment Disputes or the UN’s Commission for International Trade Law. If the decision is adverse to the U.S., the NAFTA tribunal can impose its decision as final, trumping U.S. law, even as decided by the U.S. Supreme Court. U.S. laws can be effectively overturned and the NAFTA Chapter 11 tribunal can impose millions or billions of dollars in fines on the U.S. government, to be paid ultimately by the U.S. taxpayer.

On Aug. 9, 2005, a three-member NAFTA tribunal dismissed a $970 million claim filed by Methanex Corp., a Canadian methanol producer challenging California laws that regulate against the gasoline additive MTBE. The additive MTBE was introduced into gasoline to reduce air pollution from motor vehicle emissions. California regulations restricted the use of MTBE after the additive was found to contaminate drinking water and produce a health hazard. Had the case been decided differently, California’s MTBE regulations would have been overturned and U.S. taxpayers forced to pay Methanex millions in damages.

While this case was decided favorably to U.S. laws, we can rest assured that sooner or later a U.S. law will be overruled by the NAFTA Chapter 11 adjudicative procedure, as long as the determinant law adjudicated by the NAFTA Chapter 11 tribunals continues to derive from World Court or UN law. Once a North American Union court structure is in place can almost certainly predict that a 2nd Amendment challenge to the right to bear arms is as inevitable under a North American Union court structure as is a challenge to our 1st Amendment free speech laws. Citizens of both Canada and Mexico cannot freely own firearms. Nor can Canadians or Mexicans speak out freely without worrying about “hate crimes” legislation or other political restrictions on what they may choose to say.

Like it or not, NAFTA Chapter 11 tribunals already empower foreign NAFTA investors and corporations to challenge the sovereignty of U.S. law in the United States. Sen. John Kerry (D.-Mass.) has been quoted as saying, “When we debated NAFTA, not a single word was uttered in discussing Chapter 11. Why? Because we didn’t know how this provision would play out. No one really knew just how high the stakes would get.” Again, we have abundant proof that Congress is unbelievably lax when it comes to something as fundamental as reading or understanding the complex laws our elected legislators typically pass.

Under the Council on Foreign Relations (CFR) plan expressed in May 2005 for building NAFTA into a North American Union, the stakes are about to get even higher. A task force report titled “Building a North American Community” was written to provide a blueprint for the Security and Prosperity Partnership of North America agreement signed by President Bush in his meeting with President Fox and Canada’s then-Prime Minister Paul Martin in Waco, Tex., on March 23, 2005.

The CFR plan clearly calls for the establishment of a “permanent tribunal for North American dispute resolution” as part of the new regional North American Union (NAU) governmental structure that is proposed to go into place in 2010. As the CFR report details on page 22:

The current NAFTA dispute-resolution process is founded on ad hoc panels that are not capable of building institutional memory or establishing precedent, may be subject to conflicts of interest, and are appointed by authorities who may have an incentive to delay a given proceeding. As demonstrated by the efficiency of the World Trade Organization (WTO) appeal process, a permanent tribunal would likely encourage faster, more consistent and more predictable resolution of disputes. In addition, there is a need to review the workings of NAFTA’s dispute-settlement mechanism to make it more efficient, transparent, and effective.

Robert Pastor of American University, the vice chairman of the CFR task force report, provided much of the intellectual justification for the formation of the North American Union. He has repeatedly argued for the creation of a North American Union “Permanent Tribunal on Trade and Investment.” Pastor understands that a “permanent court would permit the accumulation of precedent and lay the groundwork for North American business law.” Notice, Pastor says nothing about U.S. business law or the U.S. Supreme Court. In the view of the globalists pushing toward the formation of the North American Union, the U.S. is a partisan nation-state whose limitations of economic protectionism and provincial self-interest are outdated and as such must be transcended, even if the price involves sacrificing U.S. national sovereignty.

When it comes to the question of illegal immigrants, Pastor’s solution is to erase our borders with Mexico and Canada so we can issue North American Union passports to all citizens. In his testimony to the Subcommittee on the Western Hemisphere of the U.S. Senate Foreign Relations Committee on June 9, 2005, Pastor made this exact argument: “Instead of stopping North Americans on the borders, we ought to provide them with a secure, biometric Border Pass that would ease transit across the border like an E-Z pass permits our cars to speed though toll booths.”

Even Pastor worries about the potential for North American Unions to overturn U.S. laws that he likes. Regarding environmental laws, Pastor’s testimony to the Trilateral Commission in November 2002 was clear on this point: “Some narrowing or clarification of the scope of Chapter 11 panels on foreign investment is also needed to permit the erosion of environmental rules.” Evidently it did not occur to Pastor that the way to achieve the protection he sought was to leave the sovereignty of U.S. and the supremacy of the U.S. Supreme Court intact.

The executive branch under the Bush Administration is quietly putting in place a behind-the-scenes trilateral regulatory scheme, evidently without any direct congressional input, that should provide the rules by which any NAFTA or NAU court would examine when adjudicating NAU trade disputes. The June 2005 report by the SPP working groups organized in the U.S. Department of Commerce, clearly states the goal:

We will develop a trilateral Regulatory Cooperative Framework by 2007 to support and enhance existing, as well as encourage new cooperation among regulators, including at the outset of the regulatory process.

We wonder if the Bush Administration intends to present the Trilateral Regulatory Cooperative Framework now being constructed by SPP.gov to Congress for review in 2007, or will the administration simply continue along the path of knitting together the new NAU regional governmental structure behind closed doors by executive fiat? Ms. Word affirms that the membership of the various SPP working group committees has not been published. Nor have the many memorandums of understanding and other trilateral agreements created by these SPP working groups been published, not even on the Internet.


TOPICS: Conspiracy; UFO's
KEYWORDS: absolutelynuts; ahhhhhhhhhhhhhh; almonds; beyondstupid; cashews; chestnuts; comingtotakeusaway; corsi; cuespookymusic; filberts; frislaughingatnuts; globalism; globalistsundermybed; idiotalert; keepemcomingcorsi; morethorazineplease; nafta; namericanunion; nau; northamericanunion; nuts; paranoia; peanuts; pecans; preciousbodilyfluids; prosperity; sapandimpurify; specialkindofstupid; theboogeyman; walnuts
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To: Comstock1; 1rudeboy; All

http://www.worldforum.org/Commission-On-Globalisation/homelinks/CommissionFinalReport.htm

Those of you with your heads firmly buried in the sand, making fun of Corsi, and name calling, should check out the above link. The United Nations in concert with many of the groups mentioned in Corsi's article plainly admit to their intentions.


201 posted on 06/19/2006 1:26:14 PM PDT by antisocial (Texas SCV - Deo Vindice)
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To: Bikers4Bush
Proof that Bush would and has sold this country out.

A totalization agreement that has not been passed by Congress is proof that Bush has sold this country out? That's funny!

202 posted on 06/19/2006 1:28:06 PM PDT by Toddsterpatriot (Why are protectionists so bad at math?)
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To: american spirit

As long as I keep my tinfoil hat on, I'm safe.

Seriously though, I've listened conspiracy theorists for the past 25 years and it's all amounted to a bunch of cr@p. Have heard my fair share on FR for the past ten years also. Could have fun recounting the conspiracies that never seemed to materialize but what would be the point. Just use your God-given grey matter and remember that most people in government really aren't that bright.


203 posted on 06/19/2006 1:28:16 PM PDT by mgstarr
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To: hedgetrimmer
"More NAU bad news."

Worse news for the federal government.

We ain't buyin' it.

Period.

204 posted on 06/19/2006 1:28:21 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: antisocial
The United Nations in concert with many of the groups mentioned in Corsi's article plainly admit to their intentions.

So the UN which is unable to do the smallest thing without American assistance says they're going to do something and you believe them? That's funny!

205 posted on 06/19/2006 1:33:15 PM PDT by Toddsterpatriot (Why are protectionists so bad at math?)
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To: sergey1973
" The function of revolutions is to destroy the illusions that created them." Nicolas Gomez-Davilla

This can be a nice tagline

206 posted on 06/19/2006 1:33:39 PM PDT by A. Pole (Nicolas Gomez-Davilla: "The function of revolutions is to destroy the illusions that created them.")
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To: sergey1973; lizol; Vorthax; Polak z Polski; Grzegorz 246; Lukasz; JoAnka; warsaw44; ...
The experiences of Soviet Union and to a lesser extent European Union are the perfect examples where Globalist fantasies lead.

EU experiment is just beginning. Hold on to your seat belts!

207 posted on 06/19/2006 1:36:53 PM PDT by A. Pole (Nicolas Gomez-Davilla: "The function of revolutions is to destroy the illusions that created them.")
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To: hedgetrimmer
Thanks for the ping.

ARTICLE: "Citizens of both Canada and Mexico cannot freely own firearms. Nor can Canadians or Mexicans speak out freely without worrying about “hate crimes” legislation or other political restrictions on what they may choose to say."

I have never seen anyone discuss how the US, a nation which was founded on the principle of individual freedoms given to man as Divine Rights, can harmonize its laws and regulations with a socialist, oligarchical or ultra multicultural / PC country...and still retain the character and scope of those freedoms...as enumerated in the Bill of Rights, and our Constitution. What we were given by our founding fathers is not commonplace...it is unique.

Some time back, I posted on a thread which highlighted how free speech has been made a hate crime in the EU in regards to criticism of a so called gay rights agenda. I have over the years read stories of clergy being arrested both in Canada and the EU for preaching what would be called a traditional moral view of marriage.

People don't talk about the fact that the biggest proponents of the EU are France and Germany...both essentially socialist countries. Has anyone on these threads bothered to refute the assertion that this North American Union is step one of a multiphase process to establish the equivalent of the EU here in the West? (have they even read the articles?!)

They could refute it by showing logically why this North American 'agreement' cannot or will not establish an EU in this hemisphere. Nobody has addressed why the same sorts of bureaucrats who run the EU would not also run a North American Union.

Does Capitalism / Free Enterprise always win out in the battle of ideas...when confronted with the forces of socialism??

We know it doesn't...the prime example is right here in the US...ladies and gentlemen...as a product of our Free Enterprise system and Constitutional government...I present to you....Ted Kennedy.
208 posted on 06/19/2006 1:40:05 PM PDT by Dat Mon (Weldon, Shaffer, Philpott.......Men of Honor)
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To: Toddsterpatriot; antisocial
So the UN which is unable to do the smallest thing without American assistance says they're going to do something and you believe them? That's funny!

but of course. It fits his worldview. Nevermind the fact that most if not ALL of this is conjecture based on a simple trade agreement.
209 posted on 06/19/2006 1:42:10 PM PDT by MikefromOhio (aka MikeinIraq - Foreman of the NAU)
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To: All

I'd like to thank whichever troll put my name in the keywords...

What are you gonna do?

arrest me for treason?

LOL!!!

What a joke you all are!!!!


210 posted on 06/19/2006 1:43:13 PM PDT by MikefromOhio (aka MikeinIraq - Foreman of the NAU)
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To: american spirit

If that is the case, could you perhaps direct me to the NAFTA provisions concerning (illegal) immigration? You don't have to wade through thousands of pages as an earlier comment suggests.


211 posted on 06/19/2006 1:50:29 PM PDT by 1rudeboy
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To: antisocial
Sounds like President Reagan's belief that there was a devine plan to place this continent where it is maybe coming true...........
[snip]....

And now, let me speak directly to the young people and the students here. I wonder yet if you've appreciated how unusual--terribly unusual--this country of ours is?

I received a letter just before I left office from a man. I don't know why he chose to write it, but I'm glad he did. He wrote that you can go to live in France, but you can't become a Frenchman. You can go to live in Germany or Italy, but you can't become a German, an Italian. He went through Turkey, Greece, Japan and other countries. but he said anyone, from any corner of the world, can come to live in the United States and become an American.

Some may call is mysticism if they will, but I cannot help but feel that there was some divine plan that placed this continent here between the two great oceans to be found by people from any corner of the earth -- people who had an extra ounce of desire for freedom and some extra courage to rise up and lead their families, their relatives, their friends, their nations and come here to eventually make this country.

The truth of the matter is, if we take this crowd and if we could go through and ask the heritage, the background of every family represented here, we would probably come up with the names of every country on earth, every corner of the world, and every race. Here, is the one spot on earth where we have the brotherhood of man. And maybe as we continue with this proudly, this brotherhood of man made up from people representative of every corner of the earth, maybe one day boundaries all over the earth will disappear as people cross boundaries and find out that, yes, there is a brotherhood of man in every corner.

Thank you all and God Bless you all.

[end snip]

The Brotherhood of Man


212 posted on 06/19/2006 1:53:28 PM PDT by deport
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To: antisocial

I don't know who you are referring to as name calling, but I have refrained from calling any of the conspriacy theory whack jobs what they really are. That being said, I think we have plenty of enemies in the UN and other world bodies. But Corsi is just plain wrong on his point that the US courts will have no say.


213 posted on 06/19/2006 1:54:51 PM PDT by Comstock1 (If it's a miracle, Colour Sergeant, it's a short chamber Boxer Henry point 45 caliber miracle.)
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To: billbears

I saw a black (I'm not kidding) UH-60 fly over Algonquin, Illinois at approx. 1700 local yesterday. I'm not sure whether it has anything to do with the NAU, but who really knows?


214 posted on 06/19/2006 1:55:09 PM PDT by 1rudeboy
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To: 1rudeboy; american spirit; All

Why don't you explain the Alinsky Method to us all?


215 posted on 06/19/2006 1:58:15 PM PDT by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: 1rudeboy; tertiary01
You just called Prof. Corsi a free-trader

Entrepeneur <> "free trader"
216 posted on 06/19/2006 1:59:38 PM PDT by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: 1rudeboy

"...but who really knows?"

You're joking right?

Do you think it's a coincidence that they're called Blackhawks? Hmmmmm


217 posted on 06/19/2006 2:00:04 PM PDT by mgstarr
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To: hedgetrimmer

I cannot. You brought it up, maybe you can indulge us?


218 posted on 06/19/2006 2:00:49 PM PDT by 1rudeboy
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To: jer33 3; 1rudeboy
You and your friends must want folks to read these threads since you consistently bump them to the top. You guys have helped to keep the discussion going.

They do, although you pretty much have to wear hip boots to wade through the litter they leave all over the place.
219 posted on 06/19/2006 2:02:18 PM PDT by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: hedgetrimmer
Why don't you explain the Alinsky Method to us all?

Isn't that the excuse you use when we point out your foolishness?

220 posted on 06/19/2006 2:03:25 PM PDT by Toddsterpatriot (Why are protectionists so bad at math?)
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