Dear Dr. Bromund:
I read with interest your article, published today, entitled “UN Arms Treaty will be menace to US for years to come.”
As one who has taken an oath of office to “support and defend the Constitution of the United States against all enemies foreign and domestic,” I noted with dismay your opinion that there’s some kind of “loophole” with respect to being bound not to violate the treaty’s “object and purpose.” This line of thought is in error. While we may voluntarily choose to adhere to a treaty after it’s been signed, our nation is under no international or legal obligation to do so, particularly if the treaty was signed in violation of the Constitution’s requirements for treaties.
1) Our Constitution is very simple, straightforward, and has been published worldwide since before the ink dried on the last signature. Each and every nation around the world, as well as various bodies of international cooperation, such as the United Nations, are not only privy to it, but employ experts who’re able to inform the organization as to exactly what each and every provision really means.
2) The part about Senatorial “advice and consent” isn’t “commonly said.” It is LAW. In fact, it’s Constitutional law, the Supreme Law of the Land.” (Article VI of the U.S. Constitution) “[The 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.” (Article II, Section 2 of the U.S. Constitution; emphasis mine).
Put simply, no President, nor any duly appointed representative, can make or sign a legally binding treaty without concurrence of two thirds of the Senate. Doing so is a direct and heinous violation of the Constitution, and the trust as well as representational authority of the American People. In fact, Kerry’s signing of the U.S. Arms Treaty without such concurrence is an impeachable offense, not only for Kerry, but for Obama as well, for Obama directed him to do so.
3) Any law violating a higher law is null and void. That’s the way our system of justice, based on English Law, has been practiced, and here in America, the Constitution is the Supreme Law of the Land. There is no higher law. This legal precept has been upheld in numerous federal court decisions and several Supreme Court decisions. Some people falsely believe that people have to follow all laws unless and until they’re proven un-Constitutional.
The courts have repeatedly ruled otherwise, even to the point of holding law enforcement agencies, municipalities, states, and even the federal government both civilly and criminally liable for having passed or trying to enforce an un-Constitutional law.
In fact, no U.S. citizen or law enforcement officer is under any obligation whatsoever to either follow or enforce a law which violates the Constitution. The same goes for executive orders, whether they’re issued by the President of the United States or the town mayor. Congress makes law, not the President. State legislatures make law, not the Governor. City/Town councils make law, not the mayor/administrator. Contrary to popular misconception, his executive orders do NOT “carry the weight of law,” unless they’re empowered by a Constitutionally-abiding piece of legislation authorizing them in the first place AND the executive orders are themselves fully commensurate with all provisions of the Constitution and its 27 Amendments. If Obama’s executive orders fail either of these tests, they are null and void, unenforceable under our system of justice.
Furthermore, every U.S. citizen, military officer, law enforcement officer, and civil officer, at local, state, and federal levels, every person who has ever taken an oath of office to support and defend our Constitution has a DUTY to stand firm against ANY measure from on high, regardless of its source, which violates the Constitution.
The oath of office was implemented as one of the checks and balances in our nation, so that no individual in any position of authority would ever allow their loyalty to their superior at any level to eclipse that of their loyalty to the nation itself. This single measure has kept more tyrannical and freedom-hating legislation in check than any other. The only time it doesn’t work is when those who’ve been elected or appointed to offices of public trust renege on their oaths of office. In the military, that can result in a courts martial. Sadly, when enough public officials refuse to adhere to their oaths of office, it corrupts the entire system, because they will vote along party lines instead of their sworn oath to the country.
The Constitution, Dr. Bromund, is more than the Supreme Law of the Land. It’s our nation’s life blood. When the citizens and leaders of our nation adhere to the Constitution, our nation stands. When they depart from it, our nation falls, and if they do so willingly or knowingly, it’s “adhering to their Enemies,” and therefore treason. (Article III, Section 3)
PS: Link to the Official Transcript of the U.S. Constitution at the Library of Congress: http://www.archives.gov/exhibits/charters/constitution_transcript.html