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To: Paleo Conservative; 88keys
Hello, Paleo. I took your advice and went back to the US Constitution. Here's what I found concerning treaties:

ARTICLE 1
Section. 10

Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal;coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

ARTICLE II
Section. 2.

Clause 2: He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

ARTICLE III
Section. 2.

Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

ARTICLE 5

Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

In other words, the Senate does not initiate a treaty, but must consent to it. I suppose that after Carter accepted the UN's treaty in 1980, the Senate never consented to it. Now, they are ready to bring it back as an issue.

Thanks for your suggestion! You were right, I needed to read it again. :o)

10 posted on 08/22/2002 2:57:36 PM PDT by theophilusscribe
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To: theophilusscribe
In other words, the Senate does not initiate a treaty, but must consent to it. I suppose that after Carter accepted the UN's treaty in 1980, the Senate never consented to it. Now, they are ready to bring it back as an issue.

And Biden notwithstanding, it apparently must be 2/3rd's consent, which I hope and trust is not possible...it may work for Biden in Delaware (I think that's his state?!) but I don't think it will work in the so-called "fly-over" country...hopefully his "selected" chairmanship of the Senate Foreign Relations Committee (thanks jumpin' Jim) will end with November's elections...

Freegards, and thanks for going back and doing the "research"...!

12 posted on 08/22/2002 8:21:33 PM PDT by 88keys
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