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Treaties and the Constitution… The Facts

This is a verbatum post taken from the comments section of a blog I read – The Patriot Update. The posting was on 13 Politically Incorrect Gun Rules. I was reading it because I was looking for some humor to lighten the usual garbage that fills the highways and byways of the Internet. Then while perusing through the comments on the post, THIS comment from Charles stood out like a beacon of light. SOMEBODY else gets it…

So with much thanks and all the credit going to Charles, here is his comment verbatum (Other than some formatting changes to make it easier to read…:

Charles Perkins:

I promised to look up the fact that the Supreme Court has already ruled that a treaty cannot over ride the constitution, and here it is:

Treaties Do Not Supersede the Constitution

The following qualifies as one of the greatest lies the globalists continue to push upon the American people. That lie is: “Treaties supersede the U.S. Constitution”. The Second follow-up lie is this one: ”A treaty, once passed, cannot be set aside”. HERE ARE THE CLEAR IRREFUTABLE FACTS: The U.S. Supreme Court has made it very clear that
Treaties do not override the U.S. Constitution.
Treaties cannot amend the Constitution. And last,
A treaty can be nullified by a statute passed by the U.S. Congress (or by a sovereign State or States if Congress refuses to do so), when the State deems a treaty the performance of a treaty is self-destructive. The law of self-preservation overrules the law of obligation in others.

When you’ve read this thoroughly, hopefully, you will never again sit quietly by when someone — anyone — claims that treaties supercede the Constitution. Help to dispell this myth.

“This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.” – Reid v. Covert, October 1956, 354 U.S. 1, at pg 17.

This case involved the question: Does the NATO Status of Forces Agreement (treaty) supersede the U.S. Constitution? The Reid Court (U.S. Supreme Court) held in their Opinion that, ”… No agreement with a foreign nation can confer power on the Congress, or any other branch of government, which is free from the restraints of the Constitution. Article VI, the Supremacy clause of the Constitution declares,

“This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all the Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the land…’”

There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution nor is there anything in the debates which accompanied the drafting and ratification which even suggest such a result…

“It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights – let alone alien to our entire constitutional history and tradition – to construe Article VI as permitting the United States to exercise power UNDER an international agreement, without observing constitutional prohibitions. (See: Elliot’s Debates 1836 ed. – pgs 500-519).

“In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government and they cannot be nullified by the Executive or by the Executive and Senate combined.”

Did you understand what the Supreme Court said here? No Executive Order, Presidential Directive, Executive Agreement, no NAFTA, GATT/WTO agreement/treaty, passed by ANYONE, can supersede the Constitution. FACT. No question! At this point the Court paused to quote from another of their Opinions; Geofroy v. Riggs, 133 U.S. 258 at pg. 267 where the Court held at that time that,

”The treaty power as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or a change in the character of the States, or a cession of any portion of the territory of the latter without its consent.”

Assessing the GATT/WTO parasitic organism in light of this part of the Opinion, we see that it cannot attach itself to its host (our Republic or States) in the fashion the traitors in our government wish, without our acquiescing to it. The Reid Court continues with its Opinion:

”This Court has also repeatedly taken the position that an Act of Congress, which MUST comply with the Constitution, is on full parity with a treaty, the statute to the extent of conflict, renders the treaty null. It would be completely anomalous to say that a treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument.”

The U.S. Supreme court could not have made it more clear : TREATIES DO NOT OVERRIDE THE CONSTITUTION, AND CANNOT, IN ANY FASHION, AMEND IT !!! CASE CLOSED.


Submitted by : Richard Miller