Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Treaties Don't Trump the Constitution
American Thinker ^ | 11/5/2013 | Congressman Steve Stockman

Posted on 11/05/2013 3:15:36 AM PST by markomalley

Can the President and Senate invest the federal government with new powers not enumerated in the U.S. Constitution simply by signing and ratifying a treaty? Can the treaty power be used to override the Tenth Amendment and render it a dead letter? Those issues will be argued before the U.S. Supreme Court on November 5, 2013, in the case of Bond v. United States.

When I returned to Congress in January, I also wanted to return to the House Committee on Foreign Affairs on which I had served almost 20 years ago. I also wanted to serve on the Subcommittee that oversees the United Nations and other international organizations that continue to push treaties on us that could jeopardize the sovereignty of our nation.

Indeed, I am so concerned about these threats to national sovereignty that I filed an amicus curiae brief in the U.S. Supreme Court to undo an 86-year old case under which a treaty, in essence, amends the U.S. Constitution...

Here's what this case is about. Mrs. Bond, a Pennsylvania woman learned that her husband had impregnated her best friend, and set about to harm her in some way by smearing some chemicals she obtained from work where the other woman would touch them, including her mailbox. Her attempts only gave her victim a chemical burn on her thumb. However, based on the woman's complaint to a mail carrier, the U.S. Postal Inspectors decided to make a federal case out of it...To make it seem like a postal matter, Mrs. Bond was charged with stealing two envelopes. But the Justice Department also charged her with two counts of violating a statute which implemented the Chemical Weapons Convention -- a treaty designed to prevent countries from engaging in chemical warfare.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Editorial; Government
KEYWORDS:
Navigation: use the links below to view more comments.
first 1-2021-27 next last
With the Obama Administration, they can either selectively enforce Federal Law, abuse a treaty, invent a law out of whole cloth by doing an illegal executive order, or...just kill the person outright.

Doesn't matter to them, why should it matter to us? (/sarc)

1 posted on 11/05/2013 3:15:36 AM PST by markomalley
[ Post Reply | Private Reply | View Replies]

To: markomalley

The US is a signatory of the Global Agreement on Treaties and Tariffs (GATT). When Bush put a tariff on imported steel to gain votes in Pennsylvania our treaty partners took us to an international court where we lost. The treaty then allowed our partners to put tariffs on us as punishment. Other nations targeted companies exporting from districts Bush needed. (Incredibly savvy.) The economic impact was immediate and harsh. Bush rescinded the steel tariff. Much as I didn’t like the steel tariff this was a huge blow to national sovereignty.

The UN’s small arms treaty will probably be enforced the same way. We’d be taken to an international court because a gun traced to Bob’s guns in Texas was used in a shooting in London. We’d lose and the rest of the world would gleefully bring our exports to a crashing stop until all gun stores were closed and all gun sales made illegal. They might go further and insist on confiscation.


2 posted on 11/05/2013 3:41:18 AM PST by Gen.Blather
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

People simply don’t understand that this is what the Civil War was really all about.

Do the rich have the right to hire thugs—via governmental organs—to force people to do their bidding? Why, yes, they do. As long as the peasants are willing to kill one another.

In this case, on an international level.

/chickens
//come home
///roosting


3 posted on 11/05/2013 3:47:21 AM PST by warchild9
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gen.Blather
If President Obama could form another "Gang of Eight" Senators to join him to ratify this UN gun treaty, a Supreme Court with just one new member could find an excuse to claim a powerful new theory to erode gun rights.

Sixty seven senators voting to ratify this? Never going to happen.

4 posted on 11/05/2013 3:50:55 AM PST by DoodleDawg
[ Post Reply | Private Reply | To 2 | View Replies]

To: warchild9

And our government want lie to us. /s


5 posted on 11/05/2013 3:54:12 AM PST by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
[ Post Reply | Private Reply | To 3 | View Replies]

To: DoodleDawg

“If President Obama could form another “Gang of Eight” Senators to join him to ratify this UN gun treaty, a Supreme Court with just one new member could find an excuse to claim a powerful new theory to erode gun rights.”

The above quote is not from me. I suspect you meant to send it to someone else. I was merely pointing out how potentially dangerous the treaty might be. As for finding enough Republican turncoats...When they go to DC they get replaced by pod people. It’s not the same guy you voted for. He just looks like him.


6 posted on 11/05/2013 3:55:53 AM PST by Gen.Blather
[ Post Reply | Private Reply | To 4 | View Replies]

To: piroque

government = lawyers

they go to school for four years to learn to lie convincingly

/and remember...”government” exists to employ people, collect bribes, and transfer masses of money from working people to the rich. It’s always been that way.


7 posted on 11/05/2013 4:07:57 AM PST by warchild9
[ Post Reply | Private Reply | To 5 | View Replies]

To: markomalley
But the Justice Department also charged her with two counts of violating a statute which implemented the Chemical Weapons Convention -- a treaty designed to prevent countries from engaging in chemical warfare.

How is she a **(*ING COUNTRY??!?

From now on, I shall refer to the coming year as "1984" + 30.

8 posted on 11/05/2013 4:11:23 AM PST by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: piroque
"A nation under a well regulated government, should permit none to remain uninstructed. It is monarchical and aristocratical government only that requires ignorance for its support."

--Thomas Paine, Rights of Man, 1792

9 posted on 11/05/2013 4:36:26 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
[ Post Reply | Private Reply | To 5 | View Replies]

To: warchild9

> government = lawyers

they go to school for four years to learn to lie convincingly

/and remember...”government” exists to employ people, collect bribes, and transfer masses of money from working people to the rich. It’s always been that way.

About sums it up. I’ve never seen a poor politician. They always seem to be worth far more than their paygrade is on paper.


10 posted on 11/05/2013 5:03:27 AM PST by jsanders2001
[ Post Reply | Private Reply | To 7 | View Replies]

To: jsanders2001
[attorneys] go to school for four years to learn to lie convincingly

While that does not need to be so in principle, in practice this is what happens. How do you exploit ambiguous legal wording and weak defenses in an utterly Machiavellian manner with no regard to what is fundamentally right or wrong? And it's because honor has all but evaporated.

11 posted on 11/05/2013 5:07:51 AM PST by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: markomalley

Of course a treaty cannot supercede the Constitution

And especially a treaty that hasn’t been ratified!!


12 posted on 11/05/2013 5:08:52 AM PST by GeronL
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

Reid v. Covert, 354 U.S. 1 (1957), was a landmark United States Supreme Court case in which the Court ruled that the Constitution supersedes international treaties ratified by the United States Senate. According to the decision, “this Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty,”


13 posted on 11/05/2013 5:56:13 AM PST by alphadog (2nd Bn. 3rd Marines, Vietnam, class of 68)
[ Post Reply | Private Reply | To 1 | View Replies]

To: alphadog
“........the Constitution supersedes international treaties ratified by the United States Senate. According to the decision, “this Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty,”...

Looks like we should “impeach” the senate along with odumbo if they believe they have more power than the people. The entire bunch of crooks has to be excommunicated from the nation.

14 posted on 11/05/2013 6:00:19 AM PST by DaveA37
[ Post Reply | Private Reply | To 13 | View Replies]

To: Gen.Blather

“They might go further and insist on confiscation.”

I hope so, a wet dream come true. Blue helmets everywhere.


15 posted on 11/05/2013 6:58:50 AM PST by Resolute Conservative
[ Post Reply | Private Reply | To 2 | View Replies]

To: Gen.Blather

“The UN’s small arms treaty will probably be enforced the same way. We’d be taken to an international court because a gun traced to Bob’s guns in Texas was used in a shooting in London. We’d lose and the rest of the world would gleefully bring our exports to a crashing stop until all gun stores were closed and all gun sales made illegal. They might go further and insist on confiscation”

By that time the USA would be in a full blown Civil War over any attempt to ban weapons. Nobody would give a rats azz what the international court or any other foreign entity had to say about it.

This country is a powder keg right now. The detonator is guns.


16 posted on 11/05/2013 7:37:51 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Georgia Girl 2

“By that time the USA would be in a full blown Civil War over any attempt to ban weapons.”

I don’t think so. The only conservative revolution was the American one against England. Other revolutions were by communists. I don’t see American conservatives I know forming armies and shooting at American soldiers or cops. We’d better settle this at the ballot box.

Also, there would be no opportunity to form such as the NSA would know who to target and they’d quickly take out the .5% of conservatives with money or leadership aspirations. And, if you think the army or the NSA would come to our aid, I doubt it. Any government employee these days has bought into the government-is-good. And soldiers just do as ordered. (A few won’t. But not enough to do anything but get themselves arrested.)


17 posted on 11/05/2013 7:49:56 AM PST by Gen.Blather
[ Post Reply | Private Reply | To 16 | View Replies]

To: Gen.Blather

I hate to be the one to tell you that our military is overseas. There are not enough military in this country to control two large cities.

If this thing does break loose its not going to be unorganized civilians rioting in the streets. Its going to be states stepping up and saying “enough”. I can’t speak for the Northeast and I’m assuming you are not from the South or you would know that taking the guns is the trigger down here. The South is a gun culture. Nobody is going to give up their guns.


18 posted on 11/05/2013 8:00:10 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Georgia Girl 2

“The South is a gun culture. Nobody is going to give up their guns.”

Born and bred in the south. But there won’t be any remember the Main incidents. If there were, Obamacare would probably have been it. They’ll just make owning guns illegal, not so they can seize them in bulk, but so they can go after targeted individuals. I don’t see any big uprising. It’s been bred out of the people I know. It will be soft tyranny and a slow attrition over decades.

We’d better beat them at the ballot box. Please, please, no more Dole’s, McCain’s, or Romney’s. Give me a Palin or Cruz.


19 posted on 11/05/2013 8:07:25 AM PST by Gen.Blather
[ Post Reply | Private Reply | To 18 | View Replies]

To: Gen.Blather

Well Georgia will take care of your right to carry a gun in the South. :-)


20 posted on 11/05/2013 8:22:55 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-27 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson