Skip to comments.Clinton & Gates Suggest Constitution No Longer Supreme
Posted on 03/28/2011 3:52:25 PM PDT by Walter Scott Hudson
Recall how confused many of us were by the Obama candidacy? Remember how we laughed at "community organizing," "hope," and "change?" Do you recall the promise of "fundamental transformation," and how few of us understood what it really meant?
If we learned anything from the Obama candidacy, it's that we ought to be on our highest guard when this president is at his most perplexing. It is a mistake to dismiss what seems nonsensical and assume there is no method to the madness.
Since American military action began against Libya, confusion has reigned among policymakers and pundits. Some have pointed out the glaring inconsistency between President Obama's past comments and his current actions, while others stretch the limits of credulity in an attempt to reconcile the disparity.
Secretary of State Hillary Clinton added to the cacophony on Sunday. She appeared alongside Secretary of Defense Robert Gates on ABC's This Week. In response to questioning by Senior White House Correspondent Jake Tapper, Clinton provided some insight into the administration's mindset. It suggests that, while the rest of us may be confused, this administration may not be.
During his campaign for the Presidency, in December, 2007, Barack Obama told The Boston Globe that The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.
Earlier in 2007, then-Senator Hillary Clinton said in a speech on the Senate floor that, If the administration believes that any -- any -- use of force against Iran is necessary, the President must come to Congress to seek that authority.
Tapper asked Clinton, Why not [go] to Congress [to authorize action against Libya]?...
(Excerpt) Read more at newsrealblog.com ...
This is simple. The NWO. That is what is up. They are forming the Arab Union to go along with the EU. We will be next if they succeed as the North American Union with Canada and Mexico. Amero Dollars look less Kooky every day.
This was one of the comments to a related article — and NAILS the issue:
No treaty is even “co-equal” to the Constitution. Jefferson wrote in the Senate’s Legislative Parliamentary Manual that treaties are “legislative acts” of no different character than any other legislation, and that they may therefore be overridden by the Congress at any time just as any other Act may.
Furthermore, the US Supreme Court specifically ruled in Reid v. Covert, “This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.” - Reid v. Covert, October 1956, 354 U.S. 1, at pg 17.
Key points the the ruling:
1) Treaties do not override the U.S. Constitution.
2) Treaties cannot amend the Constitution in effect.
3) A treaty can be nullified by a statute passed by the U.S. Congress.
Further from the ruling: “No agreement with a foreign nation can confer power on the Congress, or any other branch of government, which is free from the restraints of the Constitution.” [my emphasis, to show that the executive is included in the scope of the ruling]
Reid continued to say that if there is a conflict between a Congressional enactment and the terms of a ratified treaty, then “the statute to the extent of conflict, renders the treaty null.”
This is not the only SCOTUS ruling relevant, In Geofroy v. Riggs, 133 U.S. 258, the Court held that regarding the treaty power expressed in the Constitution, “It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or a change in the character of the States, or a cession of any portion of the territory of the latter without its consent.”
As Jefferson pointed out in a letter to Wilson C. Nicholas in 1803, regarding “those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution.”
Well the Consitution is sure important to all the “right” people...I mean the ones who REALLY count. /s
American Muslim Union
“Younes, who founded the Paterson-based grass-roots organization in the hopes of serving the American Muslim community and promoting equality, told the roughly 500 attendees that religious freedom is a constitutional right.”
I just KNOW that hillary and suha would agree.
Liberals have no use for the Constitution, unless it can be used to thwart Republicans.
Good question. The Tea Party has faded from the scene.
The tea party is alive and well, and growing bigger daily. Just because the news doesn’t carry the tea party as they did before the midterms...doesn’t mean a thing!
I totally support the Tea Party. Have donated and attended many events, but it has certainly lost some momentum since late last year. I respectfully submit that the Republican congress is not feeling any heat from the movement. Think two useless CRs that were passed.
The TEA Party surrounds the commies, it is watching, taking notes, and will protect and defend the Constitution.
‘Specially in the next election.
I hope you’re right...
I got an email today that relates to your post:
According to A new Harris Poll finds that support for the Tea Party movement has declined somewhat. From May through October last year the Harris Poll found that 45% or 44% of all adults supported the Tea Party movement. That slipped to 39% in January and to 37% in February... Harris Interactive
Good to see MSM is doing their research. /extreme sarc.
FLASHBACK: Senator Clinton Says Bush Must Ask Congress Before Using (any use of) Force Against Iran
AP ^ | February 14, 2007
Posted on Wednesday, March 23, 2011 10:10:21 AM by maggief
WASHINGTON Democratic presidential candidate Hillary Rodham Clinton warned President Bush on Wednesday not to take any military action against Iran without getting congressional approval first.
If the administration believes that any, any use of force against Iran is necessary, the president must come to Congress to seek that authority, Clinton said in a Senate speech.
(Excerpt) Read more at foxnews.com ...