Since then Mark Vande Pol has put together a thorough review of how much treaty law affects our nation's constitution, and the federal power over the states and over our personal rights, the Bill of Rights notwithstanding.
In Patrick Henry, “Ratified”: The Treaty Power, Its Perils and Portents, Mr. Vande Pol (a recognized land restoration expert and author) provides us with several troubling observations and conclusions. One quite startling is:
Virtually every major Federal environmental law cites treaty law as its source of authority, simply because extending Federal police power within the States exceeds the enumerated powers the Federal government was granted in the Constitution.He provides the records of the founding fathers during struggles to ratify our US Constitution so as to contrast for us the arguments between the Federalists and Anti-Federalists. It was clear that the anti-federalists spotted the dangers inherent in the proposed constitution from the very start. Still, the Federalists poo-poohed those concerns, but not very convincingly, as shown. However, the forces clamoring to fix the then current financial crisis were so great that the majority of states representatives were willing to at least temporarily give power to foreign governments over how we governed ourselves as a form of guarantee for the loans they would then provide us (viz.: treaty law as the justification to pass federal taxes so as to repay national debt.)
Somehow, in all the years since 1789, the USA has never ratified an Amendment to our Constitution that would rescind that power of treaties. Not even after WW II when we were providing loans to the world through the Marshall Plan did we seek to amend that clause in our Constitution.
Mr. Vande Pol argues for and demonstrates what such an amendment would look like:
Whether to limit the treaty power in Article VI is one thing, but there should be NO disagreement about Amending Article II, Section 2, Clause2 of the Constitution as follows:
Treaties operate at the Constitutional level. The same standard should apply to treaties as to amending the Constitution itself.He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided
two thirds of the Senators presentthree quarters of the legislatures of the Several States concur;
So this change at least goes a short way toward restoring some of the benefits of federalism without the bulk of its historic complications.
It is a very simple amendment that should brook no argument, so fire any representative who resists. It is that important.He even provides us with this stunning observation:
"Now you know why George Bush’s administration was instituting programs to cut greenhouse gas emissions despite the fact that the Senate had rejected the Kyoto Protocols 98-0 -- Clinton had signed Kyoto."I bet most of you are surprised to learn that. Mr Vande Pol shows it to be a consequence of another treaty ratified by the Senate in 1969 that allows the spirit of any international agreement signed by one of our Presidents to be followed even when our Senate fails to ratify the treaty.
This, my review of Mr Vande Pol's important work, is only a sketch. Please go and read the whole thing.
It will serve you and our nation to learn and understand how urgent it is that we prevail upon Mr. Obama not to sign the Copenhagen agreement. Copenhagen's provisions will be onerous far beyond what most all Americans have been informed.
We were woefully ill informed, that is, until today.
Thank you Mr Vande Pol.