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Treaty-Making by the US Federal Government

7/27/2012

4 Comments

 
There has been an enormous number of emails, Tweets, and Facebook posts in the last few days about the proposed UN Arms Treaty and the devastation it would do to the Second Amendment were it to be signed and ratified. 

NOT SO -- IF we know and understand the Constitution!!  Here is a perfect example of why we ALL need to understand this vital Founding Document.

The Constitution gives the Federal government the power to negotiate, sign, and ratify treaties only over areas where We, the People, gave them jurisdiction.  The right to keep and bear arms is our God-given, Constitutionally acknowledged and protected, individual right.  The Second Amendment clearly states that the Federal government has NO authority to abridge this right. 

Therefore, ANY treaty affecting this right would be (in Jefferson's words) a "usurpation of powers not granted; null and void." 

However we need to KNOW the Constitution -- and our states, state governments, and our US Congress-critters and executive ALL need to know this fact.  Shout it from the rooftops!  Email your Congress-critters!  This treaty must NOT be ratified here -- and if ratified, must by NULLIFIED by each and every state, and refused implementation by each and every enforcement office, as utterly unConstitutional and antithetical to our Constitutional Republic.

For a fabulous Constitutional analysis of the treaty-making powers of the US, see the blog by renowned Constitutional scholar Publius Huldah at http://publiushuldah.wordpress.com/category/treaty-making-powers-of-the-united-states/


4 Comments
Mark Fishman
8/7/2012 03:14:07 am

The proposed text of the UN Arms Trade Treaty -- there is no final text as yet, so no government can ratify it -- is limited to INTERNATIONAL trade in arms. The preamble specifically sates that it "Reaffirm[s] the sovereign right and responsibility of any State to regulate and control transfers of conventional arms that take place exclusively within its territory, pursuant to its own legal or constitutional systems", which means our 2nd Amendment is effectively incorporated into the treaty by reference; it also "Tak[es] note of the legitimate trade and use of certain conventional arms, inter alia, for recreational, cultural, historical, and sporting activities and lawful ownership where such ownership and use are permitted and protected by law".

Thus, even if the present text were to be signed by the President and ratified by the Senate, it would not affect gun ownership or sales between domestic manufacturers and domestic purchasers. (Not ratifying it would not affect whether foreign manufacturers could ship guns to purchasers here, as that is outside the scope of US law.)

Also, in Reid v. Covert (1957), the Supreme Court held that treaties ratified by the Senate cannot supersede the Constitution, i.e., making a treaty with a foreign government does not confer on our government powers that it does not already have under our Constitution.

So, apart from its effect on INTERNATIONAL trade in arms, the proposed treaty would have no effect within the United States as regards the 2nd Amendment. It might restrict our ability to purchase foreign-made arms and ammunition, but that is not a right guaranteed by the Constitution, or declared by natural law: it is a mere fact of commerce.

I encourage you to read the text of the proposed treaty (http://www.snopes.com/politics/info/att.pdf) and the Court's decision in Reid v. Covert (https://supreme.justia.com/cases/federal/us/354/1/case.html). The UN Conference on the Arms Trade Treaty website is at http://www.un.org/disarmament/ATT/ -- this thing is nowhere near ready to be signed or ratified by ANYONE.

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