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To: SandRat

bump

beware international treaties, the effetes use them to bypass the constitution.

a treaty can trump any part of the constitution, INCLUDING THE SECOND or any bill of rights (that includes the 10th and those that follow)


3 posted on 02/15/2013 5:06:59 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
beware international treaties, the effetes use them to bypass the constitution.

The "constitution thereof" is the/a State's own Constitution; the treaty cannot usurp or alter the Federal Constitution.

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.
Read it with the parenthesis.
6 posted on 02/15/2013 5:19:19 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: longtermmemmory

Actually, it can not.
From Geofroy v. Riggs, 133 U.S. 258 at pg. 267

“The treaty power as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments and those arising from the nature of the government itself and of that of the States. 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.”

Source: www.sweetliberty.org/issues/staterights/treaties

BTW, the UN is an organization, not a sovereign nation, and hence no “treaties” can be enforced.


7 posted on 02/15/2013 5:27:21 PM PST by Howindependent (A Liberal has no concept of reality.)
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To: longtermmemmory; All
"a treaty can trump any part of the constitution, INCLUDING THE SECOND or any bill of rights (that includes the 10th and those that follow)"

longtermmemory, unless you can substantiate your assertion above with reasonable references, I respectfully disagree with your statement concerning a treaty trumping any part of the Constitution as evidenced by the following.

"In giving to the President and Senate a power to make treaties, the Constitution meant only to authorize them to carry into effect, by way of treaty, any powers they might constitutionally exercise." --Thomas Jefferson: The Anas, 1793.

"Surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way." --Thomas Jefferson: Parliamentary Manual, 1812.

"2. ..., it cannot be sustained as legislation which is "necessary and proper" to carry out obligations of the United States under international agreements made with those countries, since no agreement with a foreign nation can confer on Congress or any other branch of the Government power which is free from the restraints of the Constitution." --Reid v. Covert, 1956.

In other words, if the federal government needs a specific power to negotiate a treaty which the states have not already delegated to it via the Constitution, the Founding States had intended for the federal government to do the following. The federal government is expected to propose an amendment to the Constitution which would formally delegate the needed power to Congress if the Article V state majority chose to ratify the proposed amendment.

12 posted on 02/15/2013 6:12:43 PM PST by Amendment10
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