Health & Freedom

International Treaties and the Supremacy Clause

by: Ben Taylor

I have received an email (bottom of page below my commentary) several times now stating that it has been ”100% verified” that Obama has legally found a way around the 2nd Amendment, which would by implication mean the whole Constitution and Declaration of Independence for that matter. I do not accept that premise. No one in government has any authority to terminate Constitutionally secured rights under any circumstance whatsoever. Can it really be that we have no God-given unalienable Rights …or is it so only if we’re foolish enough to accept such seditious balderdash? I’m no scholar, but there seems to me to be some fundamentally flawed thinking going on here and we had better not buy into it. As Winston Churchill once stated, “This is nonsense, up with which I will not put!” I would change that to, “This is nonsense, up with which We The People of America will not put!” Let’s look at this issue logically from the perspective of our Nation’s founding documents and the original intent of those documents, rather than some self-serving globalist disarmament agenda interpretation.

The supremacy clause may be one of the more deliberately misconstrued sections of The Constitution by those seeking to destroy America. But, I believe the application of some basic logic will tell us what the second paragraph of Article VI really means. This is a matter so basic to what we are as a Nation and why we were founded it doesn’t require a lengthy research dissertation to grasp. Simple logic will tell us that we cannot on one hand believe that our Nation was founded on principles of individual sovereignty and unalienable Rights granted by The Creator to individually sovereign People and on the other hand believe that a President and Congress has the authority to enter into ‘contract/treaty’ with a foreign power which would, with the stroke of a pen, erase those Rights that our founding documents say cannot be taken or given away. You simply can’t have it both ways. When two diametrically opposed concepts compete for validity, then one must fall to the other.

Even a limited degree of thought dictates that we must disagree with the false premise that the President or any elected representative of our government has any authority to enter into any agreement with a foreign nation that would compromise the unalienable rights as set forth in the Declaration of Independence and secured by The Constitution and other Organic Laws. If that could be done, then there would be no protection for any right; the President/government could simply enter into a treaty with some foreign nation and there would be no such thing as an ‘unalienable right’. There are no conditions placed on our God-given Rights except that they cannot directly compromise the lives, rights, and property of another who also holds those God-given Rights to Life, Liberty, Property and The Pursuit of Happiness.

Let’s get down to where the rubber meets the road and not beat around the bush on this topic. The sole purpose of ‘government’ in America is to protect the individual God-given ‘Natural Rights’ of ‘We The People’. That is the fundamental nucleus around which an American government must rotate. Such a government has no lawful mandate to act as some business corporate entity, negotiating here and making deals there that could even be presumed to compromise these Rights …for any reason. The job of our ‘public servants’ in government is to ensure that those Rights enunciated by the Declaration of Independence are secured. There is no authority or right for them to act in any other capacity and when they do so in contradiction to this mandate, they are in a state of treason to We The People of America and to the States! Any official of government, including but not limited to, Barry Sotelo aka Hussien Obama with his gun treaties or George W. Bush with his [un]Patriot Act or Rick Perry with his support of The North American Union ‘super-nation’, who enters into such agreements with foreign entities or nations and violates the Rights of Americans has committed acts of treason should be so charged.

Black’s Law Dictionary 6th Edition, defines the following, “Unalienable. Incapable of being aliened, that is sold and transferred; Inalienable rights. Rights which can never be abridged because they are so fundamental; Alien. To transfer or make over to another; to convey or transfer the property of a thing from one person to another. Alienate.” Our rights are ours, they cannot be taken away; they cannot be given away. They are yours and mine; we are stuck with them whether we like them or not. There is simply no lawful way for government and officials of government to circumvent the Natural Rights of the people of America. None!

Treaties are for the purpose of conducting commerce and external relations between America and other nations, not for their tampering with the internal affairs of and the unalienable rights of the People of America. Thomas Jefferson reflected the general sentiment of the Founders about relations and treaties with other nations when he said, “Commerce with all nations, alliance with none, should be our motto.” Those men would never have stood for or any concept whereby treaties with other nations could cause our founding documents to become null and void. If the God-given Rights of Life, Liberty, Property, and The Pursuit of Happiness could be arbitrarily removed on the whims of an agreement with another nation, then they wouldn’t be Rights at all, would they? The acceptance of such a foreign concept to American founding principles would have made the establishment of America an exercise in futility.

The supremacy clause of Article VI, states, “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.” This clause references treaties made by the ‘federal government’ on behalf of the States and The People so that there would be a uniformity of agreements between American States and other nations. If not you would have 50 states entering into all sorts of ‘different’ alliances and contracts with foreign entities creating complete commercial chaos.

There are two phrases in this clause that are most often misunderstood. The first, “Under the Authority of the United States” does not mean ‘any authority’ that a President, Congress, or United States official might claim at any given time. The United States, as the collective servant representative of the States and The People, has an oft stated limited authority; it cannot assume or presume more authority that was granted to it by the Several (creator) States which formed it. The ‘authority’ cited is that granted ‘limited authority’, not some presumed broader or ‘claimed authority’ contrary to the most basic principles of American Liberty. To accept such a foolish notion would require a total ignorance of the principles on which America was founded or a deliberate attempt to subvert our founding principles.

The second, “…any Thing in the Constitution or Laws of any State to the Contrary notwithstanding” is also being misconstrued.  Although it’s obvious that this clause references a ‘supremacy’ of the ‘United States’ government over individual State governments to enter into agreements with other nations, it cannot do so when such supremacy contradicts or infringes upon the laws or Constitutions of the ‘States’. Any other interpretation makes no sense. There is no doubt that the writers of our founding documents could have done a better job at times elaborating on some things than they did, but they didn’t necessarily envision that certain basic principles would ever become misunderstood.

A treaty to regulate the sale and movement of arms between nations would be a legitimate interpretation of the second clause of Article VI; a treaty to violate the sovereignty of America and the Right To Bear Arms of its people would not be. It would be ‘void ab initio’. That means any such agreement with another nation that would presume to infringe upon the God-given unalienable Rights of We The People is void from the beginning! No American government entity (state or national) has any such power and authority to violate the basic Rights which government in American is mandated to preserve and protect. Does it make any sense that such a ‘government’ would then be granted ‘authority’ by the Founders via treaty power to destroy the rest of the Constitution and Declaration of Independence? Of course not!

If anyone has any misconceptions about how our Founders felt about government usurpation of the God-given Rights of the People, read the following quotes by a few credible men, followed in some cases by my own comments in bold :

George Washington stated, “Government is not reason; it is not eloquence, it is force; like fire it is a dangerous servant and a fearful master.” Government can be trusted with very little and with that comes an eternal vigilance to keep it in check.

“Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” There is method to this madness of violating and stealing the Right of The People To Bear Arms; the world government movement which is subverting our American government has terrible things in store for us and they need a disarmed American People to succeed.

Thomas Jefferson said, “No free man shall ever be debarred the use of arms.” “The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” It doesn’t say, except in the case of a treaty with another nation.

“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.” It is exactly this principle upon which the Right To Bear Arm stands; an armed citizenry helps to ensure that government and its officials have a healthy fear of 'We The People'.

 “Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories.” “I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion.” Does this imply in any stretch of the imagination that foreign powers and their negotiators are safe depositories?
“The God who gave us life, gave us liberty at the same time.” “Nothing is unchangeable but the inherent and unalienable rights of man.” Again, our God-given unalienable Rights mean they cannot be changed, abridged, infringed, convey or transferred; no exceptions!

“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.” The only limit on our Liberty is not the force of ‘the law’ itself at any given time, it is the Rights also held by our fellow Americans.

“I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.” I think it can be safely assumed that this also applies to international treaties.

“My reading of history convinces me that most bad government results from too much government.” “Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.” This also applies to the re-interpretation of parts of the Constitution to put a stamp of approval on attempts to subvert and circumvent the limitations and shackles placed on government.

“It is error alone which needs the support of government. Truth can stand by itself.” Interpreting Article VI of the Constitution to support obvious error of thought can only stand by the force of a tyrannical government. The Truth in this matter is easily understood if one understands the history of America’s founding.

“That government is best which governs the least, because its people discipline themselves.” “Sometimes it is said that man cannot be trusted with the government of himself. Can he, then be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question.” It is apparent that we are experiencing a government comprised of men and women that presume themselves to be kings.

James Madison wrote, “The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse.” “The truth is that all men having power ought to be mistrusted.” The twisting of Constitutional principles by those in government for the disarmament and ultimate enslavement of America is the best example of why this is true.

“What is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”

“Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions.”

“The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived.” “The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.” American government has no other purpose and if we don’t soon re-learn that simple fact the American Republic will be lost.

Thomas Paine said, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.” It has been many decades since American government has been at its ‘best’ and if we don’t soon rein in ‘this state’ and put ‘the state’ back to some semblance of that ‘best state’, there will be nothing left for any of us or our posterity.

“That government is best which governs least.”

John Adams said, “There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.”

“Fear is the foundation of most governments.” Fear by We The People was never intended to be an element of American government, except for government officials/public servants fearing to violate the God-given Rights of The People.

“Property is surely a right of mankind as real as liberty.” Where I come from, my gun is my property just as assuredly as is my home and no public servant masquerading in the name of security or international treaty will ever steal that property.

“The happiness of society is the end of government.” The end of a government engaged in treason against the very People whom that government is sworn to protect and defend is unavoidable unless we soon return to the rule of (organic) law on which the American Constitutional Republic was founded.

These italicized quotes from a few of our Founding fathers, philosophers, and public officials/servants may not be necessary to most patriots, but the majority of The People and nearly all public officials/servants have forgotten them.

The bottom line is this, give up your guns and you give up your country. The world federalist powers trying to destroy America by reducing her to a 3rd world sub-nation/state know this better than many of our own people.


On Wednesday Obama Took the First Major Step in a Plan to Ban All Firearms in the United States

On Wednesday the Obama administration took its first major step in a plan to ban all firearms in the United States. The Obama administration intends to force gun control and a complete ban on all weapons for US citizens through the signing of international treaties with foreign nations. By signing international treaties on gun control, the Obama administration can use the US State Department to bypass the normal legislative process in Congress. Once the US Government signs these international treaties, all US citizens will be subject to those gun laws created by foreign governments. These are laws that have been developed and promoted by organizations such as the United Nations and individuals such as George Soros and Michael Bloomberg. The laws are designed and intended to lead to the complete ban and confiscation of all firearms.

The Obama administration is attempting to use tactics and methods of gun control that will inflict major damage to our 2nd Amendment before US citizens even understand what has happened. Obama can appear before the public and tell them that he does not intend to pursue any legislation (in the United States) that will lead to new gun control laws, while cloaked in secrecy, his Secretary of State, Hillary Clinton is committing the US to international treaties and foreign gun control laws. Does that mean Obama is telling the truth? What it means is that there will be no publicized gun control debates in the media or votes in Congress. We will wake up one morning and find that the United States has signed a treaty that prohibits firearm and ammunition manufacturers from selling to the public. We will wake up another morning and find that the US has signed a treaty that prohibits any transfer of firearm ownership. And then, we will wake up yet another morning and find that the US has signed a treaty that requires US citizens to deliver any firearm they own to the local government collection and destruction center or face imprisonment.

This is not a joke nor a false warning. As sure as government health care will be forced on us by the Obama administration through whatever means necessary, so will gun control.
Read the Article

U..S. reverses stance on treaty to regulate arms trade

WASHINGTON (Reuters) – The United States reversed policy on Wednesday and said it would back launching talks on a treaty to regulate arms sales as long as the talks operated by consensus, a stance critics said gave every nation a veto.

The decision, announced in a statement released by the U.S. State Department, overturns the position of former President George W. Bush's administration, which had opposed such a treaty on the grounds that national controls were better. View The Full Article Here  14 Nov. 2009

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Silence will lead us to Socialism.
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