U.N. DANGERS
OMINOUS DANGERS WITH "TREATIES"
The President of the United States is constitutionally empowered to "make treaties" with the advice and consent of the Senate. Article II to the Constitution of the United States reads:
"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, Constitution of the United States of America reads (with emphasis):
"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 very state shall be bound thereby any thing in the constitution or laws of any state to the contrary notwithstanding."
So, you see, the major problem with treaties is that they have as much weight as the Constitution of the United States, in that treaty provisions, per Article VI to the Constitution of the United States, supersede the specific laws of each and every State in this Union, and State judges must obey treaty provisions regardless of State or local laws to the contrary.
This provision of Article VI appears to conflict with Amendments IX, X and XI. In Amendments IX and X, powers not delegated to the federal government are retained by the people or the States, respectively. And in Amendment XI, even the judicial power of the United States is restricted in scope so as not to extend "to any suit in law or equity . . . commenced or prosecuted against one of the United States . . . by Citizens or Subjects of any Foreign State." This Amendment was intended to prevent federal courts from acting in favor of a particular State against the rights of individual citizens, so that justice may be properly obtained. However, there is the "other side of the coin."
Since Article VI prevents the Supreme Court of the United States from intervening on behalf of a State, even if that State is sued at law or equity in a treaty-related legal action commenced or prosecuted against it by "Citizens or Subjects of any Foreign State," then who shall protect a State of this Union against treaty provisions that violate that State's constitution or the inalienable substantive or due process rights of citizens thereof?
There is a grave danger looming over the heads of individual citizens, with our leftist representatives or senators running to the United Nations to promote "treaties" that both internationally and domestically undermine the constitutional and parental rights of all Americans,--such as the so-called "rights of the child,"--because the policies therein could never pass constitutional muster were they to be proposed in State legislatures or Congress.
In that so-called "U.N. legislation," they intend to change the age at which a child is considered a minor, to so-called "empower" children for legal actions in courts of law, as well as changing the very foundation of American self-government whereby parental authority in directing children's spiritual, moral, vocational and professional education cannot be abrogated.
In short, in the United Nations, leftist fanatics are attempting to transfer adult rights to immature and innocent children who do not even have the capacity to understand or apply these legal obfuscations, except that their devolution will have been controlled by self-interested adults obsessed with taking control of those children's lives, hence, their camouflaged advocacy to make children "enemies" of their parents. U.N. personnel and their respective treaty representatives in member countries would therefore have more rights over American children than the American parents of those American children.
American children do not belong to NGOs or "non-governmental organizations," nor to elected politicians who can be "booted out of office," nor to delegates from United Nations member countries.
In addition, there are problems occurring in other parts of the world which Americans have already resolved here, by the rule of law, such as "child labor," "child slavery," "child sexual abuse," etc . . . And if these instances require United Nations action in other countries where these odious problems still exist, then the U.N. has to work with those respective nations in order to undertake local policies that address resolution of those crimes against children. But the U.N. or parasitic NGOs cannot "lump" all children all over the world into one "grab bag," in order to extend their tentacles in power grabs from which they will certainly profit. American parental rights are inalienable and must be faithfully preserved.
In all these instances, it is necessary to remain vigilant so as to protect American sovereignty, and by that, secure protection for the inalienable rights of all American parents which are already guarantied by the Constitution of the United States and its Bill of Rights.
















You know providing a link or two to said "legislation" or treaties might help your argument. However, some how I doubt it will really make much of a difference.
I have to run now I hear the black helicopters over my house.
September 28, 2009 7:08 PM | Reply | Permalink
Sorry I don't know how to put an active link in my response, but the following links have some information on that U.N. Treaty.
Boxer Seeks to Ratify U.N. Treaty That May Erode U.S. Rights ...
Barbara Boxer is pushing the Obama administration to move forward with ratification of the UN Convention on the Rights of the Child, a controversial treaty ...
www.foxnews.com/.../boxer-seeks-ratify-treaty-erode-rights/ - Cached - Similar
Providentia: UN "Rights of the Child" Treaty - an Abomination that ...
Feb 5, 2009 ... UN "Rights of the Child" Treaty - an Abomination that needs to die in the US Senate. Although I believe all Home Educators should oppose ...
providentiagrp.blogspot.com/.../un-rights-of-child-treaty-abomination.html - Cached - Similar
Parentalrights.org - Protecting Children by Empowering Parents ...
Today the U.N. Convention on the Rights of the Child (UNCRC) is approaching a possible ratification by the United States Senate. This treaty, as harmless as ...
www.parentalrights.org/index.asp?Type=B_BASIC... - Cached - Similar
September 28, 2009 7:42 PM | Reply | Permalink
Could you possibly have provided a more one sided link. That really doesn't have the facts right. Please now go read UNICEFoutline.
September 28, 2009 8:07 PM | Reply | Permalink
His mind is made up. Don't bug him with reality.
September 28, 2009 8:42 PM | Reply | Permalink
Wish we could hug him with reality.
September 29, 2009 11:00 AM | Reply | Permalink
So you're a constitutional lawyer now?
I call bullshit.
September 28, 2009 7:08 PM | Reply | Permalink
"This provision of Article VI appears to conflict with Amendments IX, X and XI. In Amendments IX and X, powers not delegated to the federal government are retained by the people or the States, respectively."
Since Article VI clearly delegates to the Federal Government the powers you are objecting to, it is incorrect to say that it conflicts with the Amendments cite. Since the delegation of the power by Article VI was apparent at the time the Amendments were ratified, any rational reading of the Framers' intent was that they knew and intended to preserve the delegation of the powers contained in Article VI to the Federal government.
In short, the Constitution is consistent in what it is doing -- you just don't like what it does.
Your only remedy with a chance of being successful would be a Constitutional Amendment.
Since I do not believe that giving children a bill of rights would lead to any such complications as you list, I am all for ratification of the treaty.
September 28, 2009 9:06 PM | Reply | Permalink
To AJM,
The Constitution of the United States was ratified on September 17, 1787. However, the first ten amendments, Amendments I through X were ratified on December 15, 1791. Amendment XI was ratified on February 7, 1795.
The new nation had to begin operating and be recognized internationally in its own right. George Washington was elected in 1789, as the first American President,while the Amendments were being debated.
At the time of its ratification in 1787, the U.S. Constitution did not yet have a Bill of Rights. Founders were still working on it.
Many "anti-federalists" had objected to joining the Union if the Constitution did not include a Bill of Rights that would protect individuals against the abuses of government. For, fresh in their minds and memories, and on their bodies, were the wounds they received under British rule. Therefore, they desired guaranties that the new government would not follow that path.
And it is during the years 1787-1788 that Madison, Hamilton and Jay published the Federalist Papers under the name "Publius," in New York newspapers, debating the issues which would lead to framing the Amendments in order to preserve the Constitution as well as ensure the individual liberties of citizens.
September 28, 2009 11:49 PM | Reply | Permalink
Just keep telling yourself that. Whatever you do, don't let reality or reason intrude.
September 29, 2009 1:09 AM | Reply | Permalink
That the Bill of Rights was adopted after the Constitution is precisely the point: those ratifying the Amendments knew what powers were delegated to the Federal Government by Article VI and could have changed them if they wanted to do so. They didn't change them because they made the specific exemption for powers already delegated to the Federal Government.
September 29, 2009 3:38 PM | Reply | Permalink
All Amendments constituting the Bill of Rights are intended in letter, spirit and practice to correct gaps in the Constitution where rights of citizens may have been affected without constitutional provisions for redress thereof.
The Founders did their utmost best to enumerate as many rights as they could, but since all could not be listed, Amendment IX states that OTHERS ARE RETAINED BY THE PEOPLE. For example, those other rights include the rights of parents to determine the direction of their children's education; the right to freedom of movement to travel with the means of your choice; the right to choose your place of residence or living space within the United States etc...
That's why, even in the Declaration of Independence, it is written, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that AMONG THESE are life, liberty and the pursuit of happiness--that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed." (Emphasis added).
So, among the many rights that we have, the Declaration listed "life, liberty and the pursuit of happiness." That means Founders understood we have other rights, too many to list. Now, come Amendment IX to explain other rights not listed are retained by the people of the United States, and Amendment X to state that we also retain powers we do not delegate to the federal government.
Amendment X states that though the Constitution grants enumerated powers to the federal government, other powers not delegated to it by the Constitution, and other powers not prohibited by the Constitution to the States, belong "to the States, respectively, or to the people."
So you see, it is the federal power that is so constricted as to prevent "remote control" tyranny from Washington DC.
If Founders listed all our rights, the Constitution would have been too long. Therefore, Amendments were carefully crafted for ratification to ensure that the federal government is kept within its proper sphere of administration, the Preamble to the Constitution listing the great themes with which the federal government is lawfully engaged, while individual citizens enjoy lawful liberty to pursue their constructive activities.
Result is that individual citizens are equipped with powers granted by the Constitution in both Amendments IX and X to the people and to the States, respectively, to defend, protect and preserve the national constitution, as well the American way of life, from misguided treaties and international encroachment; to secure as well the inviolability of American sovereignty.
Thus, American citizens are in a unique position to be able to "rescue" both the States and the federal government, in that a treaty can be legally prevented from becoming law, or it can be repealed by an act of Congress, with the States and the people enjoying judicial protection from the restrictions imposed upon federal courts as delineated in the XIth Amendment--whereby, for example, a citizen can sue a State for failing to uphold the security of religious rights and civil rights, even in light of a treaty federally approved by the President to which the State was compelled to abide.
Therefore, it is crucial that the treaty approval and ratification process be completely open for public input so that, not only must all the details be on the table, but also that all affected groups of the American people may have their views heard, including parents.
September 29, 2009 10:01 PM | Reply | Permalink
I take it you are retreating from your prior claim that the Bill of Rights somehow abolished the delegation of treaty power to the Federal Government that the Amendments specifically retained and moving to a claim that the citizens need to remain watchful and active as to what treaties are in fact ratified. Couldn't agree more on that point.
I am also interested that you recognize that the 9th and 10th Amendments reflect the original intent of the Framers that the government should not infringe on rights that adhere to the people and the states although such rights had not been spelled out in the Constitution. Most conservatives claim that when a court recognizes such a right it is creating new law.
September 29, 2009 10:12 PM | Reply | Permalink
AJM,
Yes, conservatives say the court is "creating a right" because, the judicial power is granted to INTERPRET the Constitution and laws, however, the court has NO ORIGINAL JURISDICTION in declaring what a law is--only Congress does.
And this is in Article I of the Constitution, Section I, stating,
"All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Therefore, it is Congress that is empowered to make law, not the courts. The courts have jurisdiction AFTER the law is passed by Congress.
Even enforcement of a passed legislation is granted only to Congress, to enact more remedial legislation, and not to the Executive department, nor the Judicial branch.
The Executive branch cannot make law either, it can only obey the law, and make sure that the laws are properly administered or executed.
Look, for example, at Section 5 of the XIVth Amendment; it reads,
"The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
So when one law is insufficient to correct a problem, Congress goes back to work to make another law --- not the courts, not the President.
That's the Constitution of the United States of America.
September 29, 2009 10:42 PM | Reply | Permalink
Stop parroting and start thinking. The Court is entitled to construe the Constitution as well as legislation. When there is a dispute as to what either the Constitution or the legislation means the courts get to say what it means. You've just told me that there are two Amendments which reserve rights to the people or to the states but preserve the powers which are delegated in the Constitution itself to the Federal government. My question to you is where does the Court find out what those rights are? They are not written elsewhere in the document or the amendments would have read preserve the rights of the people and the states which are mentioned elsewhere in this document just like the amendments in question say respect the power delegated elsewhere in this document to the Federal Government.
In the history of the Bill of Rights the 9th and the 10th were adopted precisely to prevent the government from denying rights to the people which were not otherwise mentioned in the Constitution. Madison had opposed having a Bill of Rights because he feared precisely this claim -- that if rights were listed in the Constituion -- later generations would come along and claim that the courts could uphold only those rights listed in the Constitutions. These amendments ar his attempted fix to that problem: they state that both the people and the states retain rights not listed.
The Framers recognized that over the course of history the recognition of human rights had expanded and thought it likely that future generations would discover more rights as well. This was their method for trying to make sure that the Constitution was not used to limit such rights.
I'd suggest to you that the right to parent your own child is such a right -- mentioned nowhere in the Constitution directly yet almost universally seen as an important right in the United States within certain limits. The Court has attempted to base such a right in part on the right to liberty but this is something of a stretch since liberty refers in part to your right to control your own actions not to any right to control the action of another person.
September 30, 2009 5:50 AM | Reply | Permalink
AJM, I read it the same way too. Article VI gave the federal government those powers in question here. So there is no appearance of conflict with Amendments IX, X and XI.
This is nothing more than a futile argument whether a chicken or egg came first.
By the way Lochard, your religious affiliations mark this post as suspect. Perhaps you should go and preach to a choir-they'd be more receptive to your rantings.
September 29, 2009 5:36 AM | Reply | Permalink
God bless you beetlejuice.
Isn't America a great nation! Founders were motivated by heavenly principles for earthly causes the accomplishment of which would be so great as to touch the very shores of Eternity!
God bless the United States of America!
Your sense of humor intrigues me, especially at 5:13am US Central Time, when I have not slept a wink yet. But inspiration is flowing which is good.
September 29, 2009 6:16 AM | Reply | Permalink
I tremble for my country when I reflect that God is just; that his justice cannot sleep forever.
Thomas Jefferson
September 29, 2009 11:03 AM | Reply | Permalink