A lot of fear-mongers are claiming the UN Arms Trade Treaty “takes effect” today (Christmas Eve). In fact, this “treaty” has absolutely zero effect on our Constitutional right to keep and bear arms.
1. Our Constitution mandates treaties adhere to a simple yet rigorous legislative and governmental process. No matter who in our government signs a treaty, if the treaty didn’t go through the appropriate review and approval process, it is NOT binding in any way shape, fashion, or form.
2. Our nation remains sovereign. No treaty may usurp any portion of our Constitution without a Constitutional amendment to that effect. Thus, even if a treaty were to go through the appropriate review and approval process, if that treaty violates the Constitution, the treaty remains null and void.
Finding evidence which supports these claims is both simple and straightforward. In fact, we need look no further than the Constitution itself.
The Treaty Review and Ratification Process
Article. II. Section 2. of the U.S. Constitution governs the process by which the President can make a treaty:
“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 the President seek and obtain both the advice and the consent of the Senate? Did two-thirds of the Senate concur? Both of these requirements must be present before the President or his designee can legally sign a treaty. On the day John Kerry signed this treaty, the Senate had been consulted, and their advice was a big fat “NO,” with a majority voting in opposition to the treaty. Thus, neither Kerry nor Obama had obtained the consent of the Senate. Furthermore, not only did two-thirds of the Senators present not concur, the majority of the Senators vehemently opposed the treaty.
In addition, there is serious doubt among Constitutional scholars that the President can appoint anyone to sign a treaty on his behalf without express, written authorization to do so. General Douglas MacArthur had such authorization. On September 2, 1945, MacArthur accepted the formal Japanese surrender aboard the battleship USS Missouri, thus ending hostilities in World War II. John Kerry most certainly did not have any such authorization.
Regardless, neither Obama nor Kerry had either the consent or the a two-thirds concurrence of the Senate. Therefore, Kerry’s signature on the treaty is invalid, null and void, and without any lawful authority or substance.
The Amendment Proposal and Ratification Process
Article. V. of the U.S. Constitution governs the process by which Amendments are proposed and ratified:
“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
Put simply, this clause requires the following for all Amendments to the Constitution:
1. Two-thirds vote from both houses of Congress (or two-thirds of the state legislatures)
2. Ratification by three-quarters of the state legislatures (or three-quarters of a Constitutional Convention).
3. All Amendments are valid to all intents and purposes as part of the Constitution.
Thus, even if Obama and Kerry had the advice and consent, along with a two-thirds concurrence of the Senate, the treaty would still be invalid simply because it violates our Constitutional right to keep and bear arms. As the Second Amendment clearly states, “…the right of the people to keep and bear Arms, shall not be infringed.” The UN Arms Trade Treaty infringes on the right of the people to keep and bear arms. It is therefore Constitutionally null and void.
The key thing to remember here is to never allow anyone to tell you otherwise. When the entire populace of the United States of America knows its Constitution and the rights and freedoms respected and protected therein, no amount of government chicanery can take that away from them.
Know your rights! Stand up for them, not merely often, but always!
It’s called FREEDOM, people, and it is very, very good.