
Lord Monckton, FYI, Obama CANNOT Supercede the Constitution with a Treaty!
Jim Condit Jr.
November 01, 2009 NA (Network
Obama CANNOT Supercede the Constitution with a Treaty!
Obama can NOT supercede the Constitution with a treaty – EVEN if he could produce his birth certificate!
If you’ve been hearing this over the mass media – and from Lord Monckton – it is NOT true.
Guys – Gals – before I drop this needed documentation on you that the US Constitution
supercedes treaties – please help us mount the resistance to those who try this scam every 20 years or so – by visiting our Precinct Project ChipIn at the top of www.wagthedog2010.com – apage of explanation of “WHY” the ChipIn – is here:
http://www.wagthedog2010.com/thanksgiving2009.htm
NOW – here is the excellent documentation found by Dan Thompson of
The Bricker Amendment
By Justin Raimondo
The problem of international treaties superseding the U.S. Constitution and undermining the foundations of our Republic is not a new one. The conservative movement of the early 1950's, which looked on the United Nations with extreme suspicion, was particularly sensitive to this threat -- and they hit upon a solution: the Bricker Amendment.
Introduced into the Senate in February, 1952, as Senate Joint Resolution 130, the "Bricker Amendment" to the Constitution read as follows:
• Section 1. A provision of a treaty which conflicts with this Constitution shall not be of any force or effect.
• Section 2. A treaty shall become effective as internal law in the
• Section 3. Congress shall have power to regulate all executive and other agreements with any foreign power or international organization. All such agreements shall be subject to the limitations imposed on treaties by this article.
• Section 4. The congress shall have power to enforce this article by appropriate legislation.
Mobilizing to support Bricker, conservatives built a grand coalition which included all the major veterans groups, the Kiwanis Clubs, the American Association of Small Business, many women's groups, as well as the conservative activist organizations of the time, such as the
Freedom Clubs and the Committee for Constitutional Government. The conservative press joined in the campaign; writing in Human Events, Frank Chodorov said that
The proposed amendment arises from a rather odd situation. A nation is threatened by invasion, not by a foreign army, but by its own legal entanglements. Not soldiers, but theoreticians and visionaries attack its independence and aim to bring its people under the rule of an agglomeration of foreign governments. This is something new in history. There have been occasions when a weak nation sought security by placing itself under the yoke of a strong one. But, here we have the richest nation in the world, and apparently the strongest, flirting with the liquidation of its independence. Nothing like that has ever happened before.
The breach in our defenses, said Chodorov, is in Article VI of the Constitution, which provides that "... All Treaties ...shall be the supreme Law of the Land... any Thing in the Constitution to the contrary notwithstanding." At the time of the Founders, the division between foreign and domestic policy was clear enough; there was never any intention, as
But as the concept of limited government was eroded -- and under pressure from the endless stream of pacts, covenants, and executive agreements issuing forth from the United Nations and its American enthusiasts -- the chink in our constitutional armor widened.
Just as the growth of administrative law had threatened to overthrow the old Republic during the darkest days of the New Deal, so under Truman and Eisenhower the burgeoning body of treaty law threatened to overthrow
If the New Deal had failed to completely socialize
The Eisenhower Administration, and particularly the U.S. State Department, went all out to defeat the Amendment. Leading the opposition was Secretary of State John Foster Dulles. This was the same John Foster Dulles who had said, two years previous, that "The treaty power is an extraordinary power, liable to abuse," and warned that "Treaties can take powers away from the Congress and give them to the President. They can take powers from the states and give them to the federal government or to some international body and they can cut across the rights given to the people by their Constitutional Bill of Rights." Hammered with this quote by Clarence Manion, Dean of Law at
Although the Bricker Amendment started out with fifty-six co- sponsors, it eventually went down to defeat in the U.S. Senate, 42-50, with 4 not voting. (A watered-down version, the "George proposal," lost by a single vote.) The defection of Senators William Knowland and Alexander Wiley from conservative Republican ranks on this occasion was particularly significant, and marked the beginning not only of Wiley's chairmanship of the Senate Foreign Relations Committee, but also the decline of the movement to put and keep America first.
As Frank E. Holman, president of the American Bar Association, and the sparkplug of the Bricker Amendment movement, wrote:
In the destiny of human affairs a great issue like a righteous cause does not die. It lives on and arises again and again until rightly won. However long the fight for an adequate Constitutional Amendment on treaties and other international agreements, it will and must be won.
This will be the history of the Bricker Amendment as it has been the history of all other great issues and causes.
Holman's comments were published in 1954 as Story of the Bricker Amendment, (The First Phase) – a title which one can only hope is prophetic.
***** END OF ARTICLE BELOW IS THE BRICKER AMENDMENT
Bricker Amendment -
S.J. Res. 130, 82nd Congress - February 7, 1952
• Section 1. No treaty of executive agreement shall be made respecting the rights of citizens of the
• Section 2. No treaty or executive agreement shall vest in any international organization or in any foreign power any of the legislative, executive, or judicial powers vested by this Constitution in the Congress, the President, and in the courts of the
• Section 3. No treaty or executive agreement shall alter or abridge the laws of the
• Section 4. Executive agreements shall not be made in lieu of treaties.
• Executive agreements shall, if not sooner terminated, expire automatically one year after the end of the term of office for which the President making the agreement shall have been elected, but the Congress may, at the request of any President, extend for the duration of the term of such President the life of any such agreement made or extended during the next preceding Presidential term.
• The President shall publish all executive agreements except that those which in his judgment require secrecy shall be submitted to appropriate committees of the Congress in lieu of publication.
• Section 5. Congress shall have power to enforce this article by appropriate legislation.
S.J. Res. 1, 83rd Congress - January 7, 1953
• Section 1. A provision of a treaty which denies or abridges any right enumerated in this Constitution shall not be of any force or effect.
• Section 2. No treaty shall authorize or permit any foreign power or any international organization to supervise, control, or adjudicate rights of citizens of the
• Section 3. A treaty shall become effective as internal law in the
• Section 4. All executive or other agreements between the President and any international organization, foreign power, or official thereof shall be made only in the manner and to the extent to be prescribed by law. Such agreements shall be subject to the limitations imposed on treaties, or the making of treaties, by this article.
• Section 5. Congress shall have power to enforce this article by appropriate legislation.
S.J. Res. 43, 83rd Congress - February 16, 1953
• Section 1. A provision of a treaty which conflicts with any provision of this Constitution shall not be of any force or effect.
• A treaty shall become effective as internal law in the
• Executive agreements shall be subject to regulation by the Congress and to the limitations imposed on treaties by this article.
• Section 2. Congress shall have power to enforce this article by appropriate legislation.
S.J. Res. 1, as reported by the Judiciary Committee - June 15, 1953
• Section 1. A provision of a treaty which conflicts with this Constitution shall not be of any force or effect.
• Section 2. A treaty shall become effective as internal law in the
• Section 3. Congress shall have power to regulate all executive and other agreements with any foreign power or international organization. All such agreements shall be subject to the limitations imposed on treaties by this article.
• Section 4. Congress shall have power to enforce this article by appropriate legislation.
George Substitute To S.J. Res. 1 - January 27, 1954
• Section 1. A provision of a treaty or other international agreement which conflicts with this Constitution shall not be of any force or effect.
• Section 2. An international agreement other than a treaty shall become effective as internal law in the
Ferguson-Knowland Substitute To S.J. Res. 1 (February 2, 1954)
• Section 1. A provision of a treaty or other international agreement which conflicts with this Constitution shall not be of any force or effect.
• Section 2. Clause 2 of Article VI of the Constitution of the
• Section 3. On the question of advising and consenting to the ratification of a treaty the vote shall be determined by yeas and nays and the names of the persons voting for and against shall be entered on the Journal of the Senate.
Bricker Substitute To S.J. Res. 1 - February 4, 1954
• Section 1. Clause 2 of Article VI of the Constitution of the
• Section 2. A provision of a treaty or other international agreement which conflicts with this Constitution shall not be of any force or effect.
• Section 3. A treaty or other international agreement shall become effective as internal law in the
• Section 4. On the question of advising and consenting to the ratification of a treaty the vote shall be determined by yeas and nays and the names of the persons voting for and against shall be entered on the Journal of the Senate.
S.J. Res. 181, 83rd Congress - August 7, 1954
• Section 1. A provision of a treaty or other international agreement which conflicts with this Constitution, or which is not made in pursuance thereof, shall not be the supreme law of the land nor be of any force or effect.
• Section 2. A treaty or other international agreement shall become effective as internal law in the
• Section 3. On the question of advising and consenting to the ratification of a treaty, the vote shall be determined by yeas and nays, and the names of the persons voting for and against shall be entered on the Journal of the Senate.
S.J. Res. 1, 84th Congress - January 6, 1955] This was identical to S.J. Res. 181, 83rd Congress.
S.J. Res. 3, 85th Congress - January 7, 1957
• Section 1. A provision of a treaty or other international agreement not made in pursuance of this Constitution shall have no force or effect. This section shall not apply to treaties made prior to the effective date of this Constitution.
• Section 2. A treaty or other international agreement shall have legislative effect within the
• Section 3. An international agreement other than a treaty shall have legislative effect within the
• Section 4. On the question of advising and consenting to the ratification of a treaty, the vote shall be determined by yeas and nays, and the names of the persons voting for and against shall be entered on the Journal of the Senate.
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Jim Condit Jr.
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