Dick Morris just put out a video, US Will Sign Gun Control Treaty on July 27!, and speaks about the UN pushing global gun control. The Arms Trade Treaty will essentially regulate individual arms by setting up an international arms treaty that controls the flow of arms throughout the world. It will facilitate regulation for member nations to control the flow of arms across borders.
See where this is going? It may well include registration and bans on arms.
At 2.32 in the video, Mr. Morris begins talking about what the treaty means in the United States. Lawyer, philosopher, logician and strict constructionist Publius Huldah takes issue with his constitutional analysis, as she shows in her two papers on the Treaty Making power of the US.
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?
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]
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).
So the conditions under which the President and Congress may sign treaties are very limited!
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]
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.
The only enumerated treaty making capabilities are such:
The authors of The Federalist Papers commented on 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 & 6th Paras). Madison said treaties also relate to sending and receiving ambassadors & consuls and to commerce. (Federalist No. 42, 1st & 4th Paras).
There may be additional objects of the treaty making power authorized in The Constitution. For example, Art I, § 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 & copyrights.
While the statist-in-chief will surely sign a Treaty that suits his agenda, and we have stupidly elected corrupt Senators who would ratify it, We the People can elect more faithful representatives and “annul the acts of the usurpers” (James Madison, Federalist No. 44,16th para).
The statists can not enslave us without our acquiescence.
This is surely A Defense of the U.S. Constitution From Its Domestic Enemies.