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by KrisAnne Hall
Defending the US Constitution __________________________________________________________
Power to create treaties is established in Article 2 Section 2 Clause 2 of the Constitution. The power to create a treaty is delegated by the people to the President with approval of a two thirds vote of the Senate. The Supremacy Clause then states:
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
There is so much misunderstanding regarding treaties, the doctrines of the necessary and proper clause, and the general welfare clause, that when you aggregate this misunderstanding our government is able to reach magnificent proportions of corruption and unconstitutional activity. Our founders were very clear and its time we listen to them instead of Congressmen and Judges who have had no training on the true meaning of the Constitution.
The power to create treaties was vested in the President AND the Senate after the failure of the Articles of Confederation. The Articles of Confederation created a federal government so small that it could not successfully complete the tasks it was delegated to accomplish. James Madison explains in Federalist #45that the power delegated to the federal government was one of very limited proportions:
“The powers delegated by the proposed Constitution to the federal government are few and defined… (and) will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce;with which last the power of taxation will, for the most part, be connected.”
Our federal government was designed to be our national representative to the foreign world; a representative of the country in foreign relations. Because we lived in a world where nations where led by Kings, Czars, and Emperors, we needed to have a way that all the states could have a unified voice for negotiations and commerce. During the Articles of Confederation, our federal government could not collect taxes or even compel the delegates to show up to work and do their job. The federal government was attempting to make agreements with foreign nations and was defaulting on these agreements because they had no authority to enforce them equally throughout the states and the states themselves were suffering the greatest consequences. As reported in The Address and Reasons ofDissent of the Minority of the Convention of Pennsylvania to their Constituents, written December 12, 1787, this very point was addressed.