Constitutional Emergency

A Defense of the U.S. Constitution From Its Domestic Enemies.

by Publius Huldah

If President Obama signs a “global warming” treaty at the United Nations’ “Climate Change” Conference in Copenhagen this December; and if the U.S. Senate ratifies it, will it become part of the supreme Law of  the Land?

We hear it said that whenever the President signs, and the Senate ratifies, a Treaty, it becomes part of “the supreme law of the land”.  But is that True?  Not necessarily!  Walk with me, and I will show you how to think through this question, and how to analyze other constitutional questions which come your way.

You must always ask: Is this authorized in the Constitution? Where exactly in the Constitution? And precisely what is authorized by the Constitution?  Let us start at the beginning:

1.  Does the federal government have authority to make treaties?  Can treaties be about any subject? Or, are the proper objects of treaties limited by The Constitution?

Art II, Sec. 2, cl. 2, U.S. Constitution, says, respecting the powers of the President:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur…

Article VI, cl. 2 says:

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. [emphasis added]

Thus, we see that the federal government is authorized to make treaties.  Now, we must find out whether there are limitations on this treaty making power.

2. It is a classic rule of construction (rules for understanding the objective meaning of writings) that one must give effect to every word & phrase.  The clause does not say, “Treaties made by the United States are part of the supreme Law of the Land”. Instead, it says Treaties made under the Authority of the United States, are part of the supreme Law of the Land.

So we see right away that a Treaty is part of the supreme Law of the Land only if it is made “under the Authority of the United States“.

3.  From where do the President and the Senate get Authority to act?  From The Constitution.  The objects of their lawful (as opposed to usurped) powers are enumerated in the Constitution. Thus, the President and Senate must be authorized in the Constitution to act on a subject before any Treaty made by them on that subject qualifies as part of  “the supreme Law of the Land”.  If the Constitution does not authorize the President or Congress to act on a subject, the Treaty is not “Law” – it is a mere usurpation, and deserves to be treated as such (Federalist No. 33, 6th para). Because the Constitution is “fundamental” law (Federalist No. 78,  10th -11th paras), it is The Standard by which the legitimacy of all presidential acts, all acts of Congress, all treaties, & all judicial decisions is measured. (e.g., Federalist No. 78, 9th para).

4.  The Federalist Papers were written during 1787-1788 by Alexander Hamilton, James Madison, and John Jay, in order to explain the proposed Constitution to The American People to induce them to ratify it.  Because of this, The Federalist is the most authoritative commentary on the meaning of The Constitution.  Thus, we must always consult The Federalist to learn what it says about any constitutional provision.  In Federalist No. 44 (7th para from end), James Madison said that a treaty which violates a State constitution would have no effect in that State:

…as the constitutions of the States differ much from each other, it might happen that a treaty or national law of great and equal importance to the States would interfere with some and not with other constitutions and would consequently be valid in some of the States at the same time that it would have no effect in others. [emphasis added]

Madison thus illustrated the Principle that a treaty which interferes with the Constitution has no effect. I found no other discussion in The Federalist on this point. So, let us turn to Thomas Jefferson:

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. ME 1:408 [emphasis added]

Surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way. –Thomas Jefferson: Parliamentary Manual, 1800. ME 2:442 [emphasis added]

According to the rule established by usage and common sense, of construing one part of the instrument by another, the objects on which the President and Senate may exclusively act by treaty are much reduced, but the field on which they may act with the sanction of the Legislature is large enough; and I see no harm in rendering their sanction necessary, and not much harm in annihilating the whole treaty-making power, except as to making peace. –Thomas Jefferson to James Madison, 1796. ME 9:330 [emphasis added]

5. So!  We see from the above that the treaty making power of the United States is very limited! What, then, are the proper objects of treaties?  To find the answer, we must go to The Constitution to see what it authorizes the President and the Congress to do! The Constitution delegates to Congress powers “To regulate Commerce with foreign Nations…and with the Indian Tribes” (Art I, Sec. 8, cl. 3); and “To declare War…and make Rules concerning Captures on Land and Water” (Art I, Sec. 8, cl. 11).  The Constitution authorizes the President to “…appoint Ambassadors, other public Ministers and Consuls…” (Art II, Sec. 2, cl. 2).

The Federalist Papers discuss the treaty making power of the United States.  John Jay said treaties relate to “war, peace, and to commerce” and to the promotion of “trade and navigation” (Federalist No. 64, 3rd and 6th paras).  Madison said treaties also relate to sending and receiving ambassadors and consuls and to commerce. (Federalist No. 42, 1st and 3rd paras).

In addition, Art I, Sec. 8, cl. 8, authorizes Congress “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”.  Thus, The United States could properly enter into treaties respecting patents and copyrights.

6. Now, let us consider the proposed “climate change” treaty.  There exists somewhere a 200 page draft agreement which, during December 2009, is to be hammered out, put into final form, and signed in Copenhagen. If signed by Obama and ratified by the Senate, would it become part of “the supreme Law of the Land”?

To answer that Question, we must first ask:  Does The Constitution authorize Congress to make laws about the objects of the proposed “climate change” treaty?  One wants to see the actual 200 page draft agreement, but it appears, from various web sites, that the gist of the scheme is for the governments of the “rich” nations to reduce the “greenhouse gas emissions” within their borders and to send money to the “poor” nations to bribe them to sign the treaty and to compensate them for our “past emissions”.  There seem also to be provisions for entrepreneurs like AlGore to sell “carbon offset credits” or “emission reduction units” to those who emit more than “their share” of  “greenhouse emissions”.  [By the way, from where does AlGore get them to sell?]

And just what, pray, are “greenhouse emissions”?  Primarily, carbon dioxide, methane, and water vapor.  Carbon dioxide: the gas which humans and other animals exhale, and which plants must have for photosynthesis [sounds like a good system to me].  Methane: The gas which animals belch. All very easy to control:  Kill most of the people and most of the animals!  Shut down our remaining industries.  Stop the cars. Turn off the electricity.  Cut off supplies of propane.  Prohibit the burning of wood. And water vapor! Oh! We must stop poisoning the world with Water!

So!  The Questions are these: Does The Constitution grant to Congress the power to make laws respecting the reduction of carbon dioxide, methane, water vapor, etc. “emissions”? Is transferring wealth from Americans to “poor” nations to compensate them for our “past emissions”, one of the enumerated powers of Congress?  Does The Constitution grant to the Executive Branch jurisdiction over carbon dioxide, methane, and water vapor?

The answer is NO! Accordingly, if the Senate were to ratify the “climate change” treaty, the treaty would NOT become part of “the supreme Law of this Land”, because it would not have been made under the Authority of the United States.  It would be a mere usurpation and would deserve to be treated as such.   Do not forget: The federal government may not lawfully circumvent the U.S. Constitution by international treaties.  It may NOT do by Treaty what it is not permitted to do by the U.S. Constitution.

7. While the statist-in-chief will surely sign a Treaty in Copenhagen, ratification requires two thirds of the Senators present (Art. II, Sec. 2, cl.2).  Are we such a corrupt people that we elected 67 U.S. Senators who will vote to ratify the Treaty?  But even if 67 faithless Senators vote to ratify it, then we may take heart from the words of  James Madison in Federalist No. 44 (16th para):

… in the last resort a remedy must be obtained from the people, who can, by the election of more faithful representatives, annul the acts of the usurpers…

and Alexander Hamilton in Federalist No. 33 (5th para):

…If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [The Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify….

Read again the foregoing passages! The statists can not enslave us without our acquiescence. For too long, we have blindly accepted whatever we hear others say.  Someone on TV says, “If the Senate ratifies this treaty, it will become part of the supreme law of the land!”  We are told that “The Rule of Law” requires us to obey every order, law, court opinion, or treaty coming out of the federal government.  And not only do we believe such nonsense, we repeat it to others.  And thus, we became part of the misinformation dissemination network.  In order to restore our constitutional republic with its federal form of government, we must rediscover the lost art & science of Learning, Thinking and Analysis.  And then, we must learn to say, “They don’t have authority under The Constitution to do that!”  Pay attention to the words of our beloved James Madison and Alexander Hamilton. PH

October 27, 2009

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Replies to This Discussion

  Not correct to have any Religioua teat asa requirement,this is not a Theocracy,nor Blood Lines,,etc.,but a Country designed & ruled by Law,though to be a law,all law must have some Moral underpining to them as well as a Morla Imperative ,giving them Standing to operate,if they also have the vaildly aquired,needed amount,of the pre kowelgeable People's assent to each of them seperately.

  America is a Federal Republic.  The ONLY Thing Democratic about it is One  legaly Quialfied Person=One Vote & a COUNTED-As Voted-Vote Result.

Thanks for calling this to my attention.  I just did a copy/ paste and sent it to Senator Marco Rubio, explaining how what is written in the constitution could relate to the gun situation that Hillary Clinton is busy planning to sign at the U.N. I could also be used maybe to protect us from an Agenda 21 agreement with the U.N.  Everone please send it to every Senator you can.  we have to get their attention back to the Constitution and off trying to mop up after Obama or Hillary sign these various agreements.  .  Most have emails that will allow long messages, or send it snail mail.  Also get pushy. Demand that what you send be forwarded to the senator  you are trying to reach  Make them responsible for doing so by warning them of the consequences to the U.S. and We the People if they do not forward the information. Make it personal.. Sorry I sound like a school teacher.  I was always told the squeeky wheel gets the grease.  By the way, I am extremely impressed with the warrior spirit inTwana Blevins.  You go girl! What you are doing is helping pinpont directions for us to go.  I admit my time is limited, and having you email special things to check out saves me time.  Time I can use forwarding this stuff to people who might be able to do something about it.  Thank you very much Twana!

Thank you Norma.  You have taken the action I was hoping for.  God Bless.

Semper Fi

You are very welcome.  Discussions are good, but we need action far more than we need to talk things out among ourselves.  Time is so short and if action is not taken soon against Obama to remove him or to bind his ability to take authority we may not make it to November as a free nation.  I will take and run with any suggestions anyone may have that I can check the validity of.  I think that if our conservative legislators realize their lives are literally in the balance, and that it is no longer a legislative issue to play politics with, maybe they will join forces and at the risk of their reputations, their salaries , their acceptance in Washington, actually move to expose the illegal alien Obama, who passed an executive order to make his own position in the U.S. legal!  Come on folks, stop discussing among our selves and get on the phone, snail mail, email anything to make these people we elected really stand on the Constitution.  I think we may have less than a month to have them file charges against Obama using the outside investigators proofs  of his illegal position in the presidency.  It has to come from people in positions of authority, willing to lay aside their differences, their normal proceedures and go for the throat.  You can spend a lot of time and money trying to put out the wildfires that Obama keeps setting or you can catch and prosecute the arsonist. Stop Obama and you stop the fires.  It could still be done, but not by us.  I get angry at the groups that say blast fax congress, then they charge for it.  I know it costs money to fax, but half of conservative America doesn't have the capital to blast fax anyone.  They are just trying to stay afloat.  So we have to do what we can and encourage others that we know, to do what they can.  Phone calls are free to all our representatives.  Snail mail costs a stamp.  I'm new on this site, but we can talk among ourselves till the cows come home and it isn't going to get Obama out of the White House.  Our legislators are already doing that.  Talking has done nothing. If groups don't get vocal outside the groups, if Lawyers don't sue, if our military leaders dont' band together and stand on and for the constitution and pull Obama out of power before the election, We the People won't be We the Peaople any longer.   I sound like a broken record, but the legislators in Germany did just what our legislators are doing.  They tried to legislate Hitler out of power.  Hitler burned down their building and blamed it on his opposition.  And because the freedom of speech was already hindered, the press was already not allowed to print truth, the radio was not allowed to broadcast truth, Hitler got away with it.  He locked up the opposing parties and their followers, and left the German public with no one to turn to.  Hey, my realtive Wilhelm Auge, prisoner number 38 got locked up and no one in his family or group of friends did or tried to do a thing.  Because they didn't want to be locked up too, they were afraid.  By 1933 anyone who didn't greet everyone with the Heil Hitler, got locked up.  They learned to shut up if they wanted to live.  We are maybe one or two  months away from that position if someone doesn't rise up and do something that will block Obama's next moves.  The military could, if there is anyone in leadership still loyal to We the People and the Constitution.  The FBI could, the CIA could, if there are still loyal American's in position of authority. Our legislators can not legislate Obama away. They can however if they want to save their lives and those of U.S. citizens who are against the Obama administration, charge  Obama on a Federal level, demanding he prove his citizenship, outside the box they are so comfortable in. If I understand correctly there is now enough  evidence to actually prove duplicity of Obama and his administration who falsified documents and through fraud put him in office.  Will anyone do anything?  That remains to be seen.  All we can do is beat on doors till one of them opens...We want our legislators to do their jobs, If we want them to stick their necks in a noose, we need to be willing to risk our necks too. It is safe to discuss among ourselves our political views,  at least for the moment...But it is not safe to contact everyone, and anyone we can think of to get the word out.  If I could figure out how, I would write Donald Trump and ask him to look at the Hitler/ Obama connection. At least he isn't afraid to speak his mind.  I have contacted the Holocost Museum in Germany and put in writing my comparisons to Hitlers steps to power and what Obama is doing, and the laws he is making.  I wrote to the Prime Minister of Australia because she actually stood up for us, and she has stood up for her nation with truth and a strong stand for her nations values and rights .  I want the word outside our country in case we can't stop Obama, at least the world, who already knows Obama is not a U.S. citizen  will hear about it before he pulls the Hitler,  Marshall Law round up on us. and at least they won't think we are all stupid.  We can not trust our legislators at this point to do anything, even when they appear to be standing for the Constitution in their legislation, and their declarations,  because they have refused to use the Constitution to go against Obama himself.  If any of you know anyone with any authority, any integrity, any love for the Freedoms in our Nation according to the Constitution. Beg, demand ,whatever it takes get someone to press charges against Obama. If your a lawyer, tell them how to do it, not why it can't be done...I have heard that from the politicians, why Obama can't be Impeached now.  The man is a a fraud, and somebody or lots of somebodies need to authorize his arrest!  Period! or our nation is dust in the wind.    Obama breaks the law daily, We don't even have to break any to bring him up on charges.  If enough people, enough groups, enough military leaders, enough decent honest  Federal Investigators simultaniously bring the facts forth, bring on the evidence, charge him with his crimes against We the People and the Constitution, he can be taken down!  Everyone is waiting for someone else to do something, or fooling themselves into thinking the next election will fix things.  The only thing that will begin to fix anything is to remove Obama quickly.  You do know that all his adminsistration needs to do to cause the dollar to crumble is to declare a State of Emergency, and close the banks.  You watch how the whole country goes into a panic.  We are already past the point where we can prevent an economic meltdown worse than the great depression.  But how we will weather it wil be entirely determined by who is in office when it happens.  Drop the political correctness and get mad!  If you have money put the word out in papers, on radio, on the net, on TV.  If you want to live, if you want to still own property, if you don't want to die or be tortured in some concentration camp, quit talking about it to one another and start shouting it from the housetops. Get what you know to be true into the hands of every American citizen any way you can.  Now!  About 50% of average U.S. citizens do not navigate the internet.  Figure aout a way to tell them and quickly.

Hitler did not give any warning before he started rounding up people.  Obama has given us all the warning we are going to get through tthe executive orders he has written and signed that show his next major directive will be Marshall Law.  We do not have time to argue among ourselves anymore or have pride issues that separate us.  If we do not stop Obama now, all hell is going to break loose. 

 

Don't assume our legislators know the constitution... Tell them what to stand on.  Tell them what to do and how to do it. Tell them why to do it. Warn them that their days are numbered, not in their jobs, but their very lives. And if anyone has any connection in any branch of the government, use those contacts.  Please.  Even with all we try to do, it may not be enough, but atl least we will have tried.  Our true hope is that God will move somehow and save us and this nation.  We are a mess, but this nation has done more good in the world than any other nation in the world.  They have given time to help people in crisis, money to provide food and shelter, and their very lives for others.   This nation has shared the word of God with the world.   I pray God will honor their sacrifices and our prayers for this nation now.  I believe like with Noah, God had stuff for him to do, but it still all depended on God making what Noah did, actually work.  I am not prideful enough to think we deserve better than distruction, even the best of us is not good enough.  But I am counting on a merciful God who if in faith, we step out of our comfort zones and do what we know to do, God will be faithful and bless the work of our hands.  God is still  the God of miracles and it will take His miracles to enable us to survive.     

Amen

Well that is nice but the only problem is that this govt. doesn't give a tinkers damn about what the constitution says or allows!  They will ram this treaty down our throats and the people be damned!  Since the senate is the only body that caN VOTE FOR THE TREATRY AND SINCE THIS SENATE HAPPENS TO BE MADE UP OF PROGRESSIVES AND LIBERAL LOON HUSSAIN CLONES, IT WILL BE RADIFIED!  ALSO SINCE WE HAVE A CONGRESS WITHOUT ANY BALLS WHO DOES NOTHING BUT ENABLE HUSSAIN AND THE LIBERAL LOONS, IT WILL GO UNATTESTED AND WE THE PEOPLE WILL FALL FURTHER INTO SLAVERY OF THE ONE WORLD GOVT. AND HUSSAIN!  RMEMBER THE DEATH CARE BILL?  THE WHOLE THING NEEDS TO BE REPEALED AND ALL I HEAR TALK OF IS (PARTS) OF IT SHOULD BE REPEALED BY THE BALL LESS CONGRESS!  I'D LIKE TO ASK, WHICH PARTS? THE DEATH PANEL PERHAPS? REPEAL THAT OR LEAVE IT IN PLACE TO REDUCE THE SENIOR POPULATION AND HELP THE LEECHES AND THE ILLEGALS?  OOPS, SORRY About caps, I just keep hitting that darn button with my pinkie while i'm typing and don't look up until i'm done! it's not intentional like hussain ripping up the constitution though!

  Agreed Christine & for this pretty much well proven reason,pervous post were not nor are just conspiracy theories,nor rehtoric.  Write them by all means,one should not stop trying,even when the time for that is past & it is,it is now time to rise becasue Christine et al are correct,& OPFORS next moves will render American's unable,unless they push back-hard.

Christine, radification by the Senate without "Authority" does not make it the "Law of the Land".  I haven't taken the time to research all of the treaties since 1887 that have been signed by the Executive Branch and radified by the Senate but I would believe anyone who undertook that task would find many that are illegal (a word with little meaning these days).  It is our job to Nullify them when we find them by electing Representatives and Senators that put the Country ahead of their CAREERS. 

For what it is worth, I remember when I was in school in the 50's a "Statesman" was presented by the media as a lofty individual with lofty arguments to justify almost anything.  I now see it as someone like Henry Kissinger who only had their reputation or a world interest, their own legacy in mind not the country. Chesty Puller and Patton were not Statesmen and neither was Churchill.  They were leaders that put their oath and country first.

Semper Fi

I read this article a few days ago when Twana posted it in response to another discussion. I felt that it holds the answer to a lot of the problems with this administration and the previous several. The section stating "Made under the authority of the United States" would make many of the treaties unlawful. As for the earlier comment about the EPA, DHS, Dept. of Ed., etc... they are all unconstitutional imho. The congress has ceded power to them, in the form of instigating regulations, of making laws. That is not something that is authorized in the constitution, the delegation to make laws. Agreed that we must change what is going on and the only way to do it is to replace all the progressives and moderate republicans who are allowing this to happen. What I want to know is HOW and WHEN are we going to accomplish that? We need to be planning an action to take now.

Well  said  Johnny,   Keepin'  on  ~~more  truth..!!

Mangus, while it is true that they do these things and have for many years, that doesn't make it right or lawful. Just imagine that if the congress had to actually pass laws concerning all of the things that now fall under the EPA, DHS etc.., how much better off we could be right now. They would be directly responsible for all of this instead of having the agencies to blame and would have lost their jobs in DC long ago. At the very least all regulations of the agencies should have to have congressional review and approval before being implemented.

Johnny, it starts with each of us.  Have you sent this information to your Senators?  That is an action we all can take.  Congress is LAZY that is why they do such a poor job of regulating the regulators.  The LAWS they argue for and pass should be very specific and concern only one subject or reason authorized under the Constitution for passage.

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