Skip to comments.Ted Cruz criticizes DOJ for arguing international treaty can trump the Constitution
Posted on 10/31/2013 11:41:39 AM PDT by Impala64ssa
Justice Department attorneys are advancing an argument at the Supreme Court that could allow the government to invoke international treaties as a legal basis for policies such as gun control that conflict with the U.S. Constitution, according to Sen. Ted Cruz, R-Texas.
Their argument is that a law implementing an international treaty signed by the U.S. allows the federal government to prosecute a criminal case that would normally be handled by state or local authorities.
That is a dangerous argument, according to Cruz.
"The Constitution created a limited federal government with only specific enumerated powers," Cruz told the Washington Examiner prior to giving a speech on the issue today at the Heritage Foundation.
"The Supreme Court should not interpret the treaty power in a manner that undermines this bedrock protection of individual liberty, Cruz said.
In his speech, Cruz said the Justice Department is arguing "an absurd proposition" that "could be used as a backdoor way to undermine" Second Amendment rights, among other things.
The underlying case, Bond v. United States, involves a woman charged with violating the international ban on chemical weapons because she used toxic chemicals to harass a former friend who had an affair with her husband.
Under the Constitution, such an offense would be handled at the state level. In Bond's case, the federal government prosecuted her under the Chemical Weapons Convention Implementation Act.
That law implements the Chemical Weapons Convention, the international treaty Syrian dictator Bashar Assad is accused of violating in that country's vicious civil war.
"The problem here is precisely that Congress, rather than implementing the treaty consistent with our constitutional system of federalism, enacted a statute that, if construed to apply to petitioners conduct, would violate basic structural guarantees and exceed Congress's enumerated powers," according to Bond's lawyers.
The Judicial Crisis Network's Carrie Severino said the Bond case could have ramifications for many other issues.
"If the administration is right, the treaty power could become a backdoor way for the federal government to do everything from abolishing the death penalty nationwide, to outlawing homeschooling, to dramatically curtailing the states' rights to regulate abortion," she told the Washington Examiner.
Globalists never give up.
If I am going into a debate on the Constitution, I want Ted on my side.
The experts that the left will bring will look like gummy bears left on the dash board on a summer day.
Here I am reading the last of the Enemies trilogy... and it’s getting harder and harder to discern between reality and fiction.
Not even ratified, just signed.
Other than attacks on the Second Amendment , this issue is the most frightening to me. More that ObamaraCare, Immigration, abortion etc...
And to top it off, this issue IS an attack on the 2nd Amendment.
Since the elected one has fallen into office by Americans guilty feelings, do you think he has any idea what he is facing if he lets the Blue helmets on our shore?
Obviously to believers in the USA Constitution this is a case of Obama and his enablers trying to make the USA subservient to foreign influences. The League of Nations was Pres.Wilson’s attempt to do such. The United Nations after WWII was just another Rockefeller supported catch all. All these attempts and supporting persons would undo what the Founders intended as to USA being It’s own shining light on the hill and not beholden to other nations let alone Communists or those under Sharia laws. Cruz has it right. The standing of laws of the USA has it’s own life and authority. Too bad we can’t say the same about our monetary world.
Sen. Cruz Urges Supreme Court to Uphold U.S. Sovereignty in Bond v. U.S.
I know what the blue helmets will be facing if they come to this part of Virginia. I’m pretty sure the sheriff’s department of my county, and those of three or four adjacent counties would be on OUR side.