Recently an email has been making its rounds, this one challenges the reader to see “how fast can we get this one around the United States of America?”
On Wednesday [11 November 2009] the Obama administration took its first major step in a plan to ban all firearms in the United States. The Obama administration intends to force gun control and a complete ban on all weapons for US citizens through the signing of international treaties with foreign nations. By signing international treaties on gun control, the Obama administration can use the US State Department to bypass the normal legislative process in Congress. Once the US Government signs these international treaties, all US citizens will be subject to those gun laws created by foreign governments. These are laws that have been developed and promoted by organizations such as the United Nations and individuals such as George Soros and Michael Bloomberg.. The laws are designed and intended to lead to the complete ban and confiscation of all firearms. The Obama administration is attempting to use tactics and methods of gun control that will inflict major damage to our 2nd Amendment before US citizens even understand what has happened.
Obama can appear before the public and tell them that he does not intend to pursue any legislation (in the United States) that will lead to new gun control laws, while cloaked in secrecy, his Secretary of State, Hillary Clinton is committing the US to international treaties and foreign gun control laws. Does that mean Obama is telling the truth?
What it means is that there will be no publicized gun control debates in the media or votes in Congress. We will wake up one morning and find that the United States has /signed a treaty that prohibits firearm and ammunition manufacturers from selling to the public. We will wake up another morning and find that the US has signed a treaty that prohibits any transfer of firearm ownership. And then, we will wake up yet another morning and find that the US has signed a treaty that requires US citizens to /deliver any firearm/ they own to the local government collection and destruction center or face imprisonment.
*THIS IS NOT A JOKE NOR A FALSE WARNING.*
As sure as government health care will be forced on us by the Obama administration through whatever means necessary, so will gun control.
Read the Article U.S. reverses stance on treaty to regulate arms trade WASHINGTON (Reuters) – The United States reversed policy on Wednesday and said it would back launching talks on a treaty to regulate arms sales as long as the talks operated by consensus, a stance critics said gave every nation a veto. The decision, announced in a statement released by the U.S. State Department, overturns the position of former President George W. Bush’s administration, which had opposed such a treaty on the grounds that national controls were better.
So, is the hype warranted? Lucky for you I’ve done some digging…
If the Obama Administration wants to use the United Nations (or any other international organization) as a back door approach to Gun Control they must do so via a Treaty, just as the email suggests.
What the email omits is the manner in which International Treaties become law. Article I Section 10 of The Constitution of the United State of America says "No State shall enter into any Treaty, Alliance, or Confederation. […] ", which means only the Federal Government can do so, more specifically, the President.
But Article II, Section 2 says "The President […] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties […] ", so he cannot make a Treaty with anyone without getting Advice AND Consent of the Senate. "Advice" and "Consent" are both capitalized, meaning they are proper nouns with specific procedures are requirements to satisfy them. I won’t go into those details because the next line of Article II, Section 2 takes care of that for us: " […] two thirds of the Senators present concur […] ".
Since there are 100 Senators, 67 (if all were "present") would have to concur with the President to ratify the Treaty and make it become Law. Absent the ratification, the Treaty is void and unenforceable.
But, if the unthinkable happens and the Treaty is Ratified, Article III, Section 2 says that "The judicial power [of the supreme Court] shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made […] ", which means the "supreme Court" shall have jurisdiction over any Treaties made, so an interested party could challenge the Constitutionality of a Treaty to the Supreme Court, which could nullify it. The Supreme Court has already ruled that the Second Amendment’s guarantee of the People’s Right to Keep and Bear Arms is an Individual Right (see Heller v. District of Columbia) that cannot be infringed by the Federal Government (D.C. is a Federal District, not a State; incorporation of the Second Amendment by the States has not yet been achieved, though the 9th Circuit Court of Appeals HAS incorporated it in the states over which it presides and there is a current lawsuit against the City of Chicago and the State of Illinois before the Supreme Court to rule on blanket incorporation among all the States).
So, don’t buy into the panic and propaganda. Stay vigilant. Write to your Senators and Congressman and let them know your position on the subject.