Our governing document has been effectively erased in a number of ways, but none more dangerous than ceding the power of treaty ratification and misusing treaties to distort the powers enumerated under the Constitution, but that is what is happening.
According to Article II, Section 2 of the U.S. Constitution, “[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…”
The United States Senate has systematically ceded their power to ratify treaties by a two-thirds super majority vote. We are seeing the decline of constitutional treaty powers and the rise of the U.N. in the lives of Americans.
From the Iran nuclear deal to trade deals to climate change, Barack Obama has dramatically altered the Senate’s power over treaties and has assumed powers the executive was not meant to have.
No matter what one’s views of the nuclear deal with Iran, one must know that it is creating an unconstitutional method for approving treaties and it sets a model for future treaties that should concern every American.
This Iran nuclear deal has just been negotiated and approved unilaterally by the Obama administration. He is dishonestly calling the treaty an agreement, which he used as an excuse to claim Congress would have no say in it. Congress folded and, under Senator Corker’s leadership, came up with a bill to enshrine their new reduced treaty powers.
The Senate allowed legislation which ends their power to ratify treaties with a two-thirds majority in this case. It sets a precedent and officially grants a new power to the executive.
Congress claims Barack Obama will proceed without them anyway and this at least gives them a voice. In fact, it gives them hardly any voice, he can do what he wants anyway, and it officially ceded the constitutional law of the land on treaties.
A vote to disapprove a nuclear deal with Iran would not kill it. President Obama could veto such a measure, and the House and Senate would then need a two-thirds majority to override his veto. The bill reportedly allows 41 Democrats to block any attempt to stop implementation of Obama’s deal.
The deal also turns over all U.S. complaints about Iran’s nuclear development to the U.N. for handling.
The Trans-Pacific Partnership between the U.S. and Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam has been given fast-track authorization and, like the Iran deal, it will never be presented to the Senate for a 67-member-vote. Nor will TISA and TTIP.
Congress is expediting the process by allowing simple majority votes in both houses to ratify the treaties. This so-called executive-legislative branch agreement — never authorized under the Constitution — is a pure fabrication of the modern administrative state begun in 1974.
Consider the other treaties they can cede authority on in the future and for which they have now set precedent. Treaties on parental rights, the International Court, the arms trade, the Law of the Sea and any number of treaties that relinquish our authority to global governments are up for grabs.
Mr. Obama is working on climate change agreements with the U.N. that will require the United States to redistribute wealth and resources to a U.N.-controlled group in the Caribbean run by communists and socialists. He intends to call them accords so he can bypass Congress and the Senate’s power to ratify.
The accord will operate under the pretense of updating the 1992 Climate Change Treaty to include Agenda 21 imperatives to bypass the Senate. Agenda 21 is the U.N. plan of action on climate change.
The proposal will use legally binding conditions from the 1992 treaty with new voluntary pledges according to the New York Times. It will “update” the treaty and not require a “new vote of ratification”, negotiators believe.
The Treaty will compel nations to enact sweeping regulations to cut their fossil-fuel emissions. Fines and reparations for use of fossil fuels will be levied. Our money and our control over our own resources will be turned over to the U.N.
Nations like China, Russia, India will not abide by it. This will be for the United States only. This “accord” will redistribute our wealth and resources to the world. He is very generous with U.S. wealth.
It will be the largest redistribution of wealth that the world has ever seen.
To mute dissent, the Pope is weighing in and making it into a religious imperative.
International treaties are being misused to take away our fundamental rights as Americans. A case in point is that of Bond v. the United States, which the DOJ eventually lost – barely – and which was a direct attack on the Tenth Amendment.
In that case, the DOJ argued that the government should be allowed to use international treaties as a legal basis for policies which could eventually include such issues such as gun control, abortion and home schooling, even if they conflict with the U.S. Constitution.
They attempted to say that treaties signed by the U.S. allow the government to prosecute criminal cases that would normally be left to state and local authorities. It was interpreting the treaty power in a manner that undermines the bedrock protection of individual liberty.
The case is Bond v. United States in which Carol Bond was 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. The case should have been handled by the state but the feds prosecuted it under the Chemical Weapons Convention Implementation Act, an international treaty.
“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 petitioner’s conduct, would violate basic structural guarantees and exceed Congress’s enumerated powers,” according to Bond’s lawyers.
“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.
This is not what the treaty was meant to be used for and it is not what Congress approved. The government fought hard for this.
The executive branch is constantly attempting to take over treaty powers. Susan Rice signed a Disabled Child Treaty, Barack Obama has signed the Arms Trade Treaty and Clinton signed the Law of the Sea Treaty (UNCLOS), none of which have the support of the American people.
This is why any move by Congress to dilute their own powers is so dangerous.