BWAHAHAHAHAHA!!!! NO, Obama. You treaty most certainly does not trump the U.S. Constitution.
In fact, our beloved Constitution very clearly and specifically defines precisely who, what, how, why, and when any U.S. President (NOT you, Kenyan), can actually make a treaty, and the answer is simple: NO U.S. President can make a treaty. In accordance with the United States Constitution, making a treaty requires the combined actions of two branches of our government:
Article II, Section 2: “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.”
Did Obama obtain the “Advice and Consent of the Senate?” If not, then whatever Obama, Kerry, or another flunky signed is not a treaty.
Did two thirds of the Senators concur? If not, then whatever Obama, Kerry, or another flunky signed is not a treaty.
Did you count the requirements? There’s two, right?
Wrong. There are, in fact, three requirements:
1. Advice of the Senate – This step is required prior to entering negotiations with another country.
2. Consent of the Senate – This step is is also required prior to entering into negotiations with another country.
In fact, both steps are required prior to entering into treaty negotiations. If Obama says, “I’d like to make a treaty with the United Nations concerning their Gun Ban (er, “small arms trade) situation, or Agenda 21 (now Agenda 2030). If the Senate says, “No,” then Obama has ZERO authority to enter into treaty negotiations.
3. Two-thirds Concurrence of the Senate
Even if Obama (or any other president) obtains both the advice and consent of the Senate, and negotiations are finished, the draft of the treaty must be reviewed by the Senate. If it fails to achieve a two-thirds concurrence of the Senate, then it is DEAD. It is NOT a treaty, and can never be used or enforced as a treaty.
All three requirements must be met before whatever Obama, Kerry, or another flunky signed constitutes a valid, bona-fide, legally enforceable United States treaty.
These provisions were included in our Constitution for the express purpose of preventing arrogant and/or tyrannical presidents from binding the country by treaty into actions or agreements against the will of the people as determined by their duly elected Senators.
Should any president attempt to bypass this process, as has Obama, then whatever Kerry signed was NOT a valid, bona-fide U.S. treaty. It carries ZERO legitimate weight of law. As such, it is to be ignored, fought, dismissed, discarded, and never enforced in any manner whatsoever. It carries no more authority than Obama’s tyrannical musings on the back of a napkin.