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March 2017 Policy Study, Number 17-5


A Commentary on the American Constitution


Part 22



It should be apparent by this point how precious it is for the individual citizen to have the unfettered right to property.  The abuse that can be made of the treaty process and the subjects outside the grace of the Constitution to which it can be put should also be readily apparent.  I cannot prove to you that this is of a conspiratorial nature, or even whether this is by design or default; but you should have no difficulty recognizing the inherent danger that is immediately upon us.


It was mentioned above that states and citizens were not represented in the matter of treaties in any kind of practical manner.  Allow me to explain what was meant.  If you remember back to the section that addresses the direct election of the Senate by the citizen in lieu of the state legislatures, as originally prescribed by the Constitution, the several states, in their political capacities, were effectively disenfranchised of their representation.  This does not change in regard to treaties.  Thus, the several states have no input in the matter of treaties.  It is left for individual citizens to fend for themselves.  This makes it immensely easier for those with a disposition to do so to mislead and deceive the populace to their distinct disadvantage.  It may even be at the expense of their continued liberty.  The loss of the citizen’s role is more subtle, but it is no less serious.  It works like this.  Article II, Section 2, states:


He (President) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur . . .


The House of Representatives, the people’s chamber, is absolutely omitted and fills no direct role in the treaty process.  You receive no representation whatsoever from the lower chamber.  Article I, Section 5, states, “ . . . and a majority of each (chamber) shall constitute a quorum to do business.”  A quorum in the Senate can be comprised of 51 Senators.  Two-thirds of this number equals 34 Senators.  Thus, it is possible for 34 Senators and the President, 35 elected officials in all, to enact a treaty which shall become“the law of the land.”  At the very best, this process requires only 68 elected officials.  With the absence of the House of Representatives in the treaty process, the legislative process is effectively and efficiently avoided. 


The government in Washington is capable of, and does perform, a constitutional run-around of both the state and the citizen.  They can, and do, in this manner, enact such matters to be the“law of the land” as would have no hope of being enacted into law in the standard legislative fashion, especially if the citizen were made aware of the consequences.  This behavior effectively obliterates the principle of federalism and establishes a government utterly national in nature.  This behavior is noxious and repugnant to our continued liberties.  This behavior is noxious and repugnant to the Constitution.  This behavior is perfidy of the highest order.  And as it borders on establishing a state of war between the national government and the liberties of the people, it is my personal opinion that it borders on treason.


Senators, do your job.  You have sworn an oath to protect and defend the Constitution of the United States of America.  Sort out those matters that are not the true business of the national government and leave them to the several states.  Root out those matters that are noxious and repugnant to our continued liberties, educate the citizens out here in the hinterlands as to their effects, and extirpate those noxious and repugnant matters in their cradles before they have even the prospect to do us harm.  As to those treaties that are already in effect but which run afoul of the principles and intent of the Constitution, they are null and void on their face.  Rescind them.  You have no authority to enact law through legislation that is contrary to the Constitution, and therefore you have no authority to enact as “the law of the land,” by treaty or any other method, anything that is contrary to the Constitution.  This would include all executive orders that are contrary to the Constitution.  Our elected officials must put an immediate stop to these usurpations by high office.


The possible embarrassment of the executive will pass soon enough.  But, for all practical purposes, the alternative is likely permanent — or until such time as the people rise up to reclaim their God-given rights, a prospect I find terrible to contemplate, but an action most of you reading this will have no trouble recalling as having happened in other major countries and happening as a current event in your lifetime.


Our safety, our liberty, depend upon preserving the Constitution of the United States as our fathers made it . . . inviolate.  The people of the United States are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow the men who would pervert the Constitution.”  (Abraham Lincoln).


It is the good ladies and gentlemen whom we have elected to represent us in Washington who should be leading the battle to accomplish what Lincoln suggests.  To do anything less is unthinkable and unacceptable.




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