Failure To Pass The Bricker Amendment In 1953 Shows The United States Is Just Another Vassal Nation Of The United Nations.

The U.S. Constitution Has One Big Flaw.

SATURDAY, APRIL 25, 2009

vincentgioiasblog.blogspot.com

It is agreed among most of us that the creators of the U.S. Constitution did an amazingly competent job to protect individual rights and limit the national government’s role in our lives. Of course for at least the last 50 years or so socialists parading as liberals have managed to thwart the original intent of the Constitution throughout all three branches of government but that doesn’t detract from the generally fine work of our country’s founders.

However since man is fallible and not immune to error, the Constitution contains one glaring error which enables opponents of freedom, liberty and individual rights to impose their philosophy on all of us; this mistake is in the constitutional language that makes treaties entered into by the United States the supreme law of the land; overruling all other federal and state laws and judicial decisions to the contrary.

It is harmless enough to say as it does in Article II, Section 2 that The President “shall have power, by and with Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur … “; but it was undoubtedly not envisioned that the President and the Senate would be composed of people who would want to rewrite the Constitution and diminish the rights and freedoms built into the original language of the Constitution and enshrined in the Bill of Rights.

The problem and grievous mistake is what is written in Article VI which states in part:

“This Constitution and the Laws of the United States 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, any Thing in the Constitution or the Laws of any State to the Contrary notwithstanding.”

In other words, all provisions in the Constitution, including the Bill of Rights, and all state laws can be obliterated in one fell swoop by a treaty signed by the president and approved by two thirds of the senate. With a president like Obama and an essentially veto-proof senate (including the renegade Republicans who have already demonstrated disregard of the Constitution) treaties formulated by the United Nations in direct opposition to our constitutional rights can become de facto and de jure amendments to the Constitution.

There are many, many horrendous treaties proposed by the United Nations and signed onto by countries around the world but until now some of the most intrusive have not been approved by the U.S. Senate even though a president has signed them. Recent treaties of this sort that come to mind are treaties signed by President Clinton such as Kyoto, and the Law of the Sea Treaty. As the UN became more and more dominated by anti-American countries a plethora of treaties antagonistic to our Constitution have been produced.

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But One Man Tried To Fix The Flaw In The U.S. Constitution In 1953. Senator John Bricker From Ohio.

Source: ohiohistorycentral.org

Although never adopted, the Bricker Amendment would have reduced the president’s ability to negotiate agreements with foreign powers without congressional approval.

In 1953, John Bricker, a United States senator from Ohio, introduced an amendment to the United States Constitution. It became known as the Bricker Amendment. Bricker was upset by the United States’ involvement in the Korean War. He objected to President Harry Truman’s actions in the conflict, namely sending United States soldiers to Korea under the authority of the United Nations without prior approval of the United States Congress.

The amendment read as follows:

Section 1.A provision of a treaty which conflicts with this Constitution shall not be of any force or effect.
Section 2.A treaty shall become effective as internal law in the United States only through legislation which would be valid in the absence of treaty.
Section 3.Congress shall have power to regulate all executive and other agreements with any foreign power or international organization. All such agreements shall be subject to the limitations imposed on treaties by this article.
Section 4.The congress shall have power to enforce this article by appropriate legislation.

The United States Senate defeated the amendment twice, first by eight votes and then, on a second vote, by a single tally. “And that single vote was from former President Lyndon Johnson who was Senate Minority Leader at the time.” Michael Difensore. While numerous groups, including anti-war groups, various women’s organizations, and veterans’ groups, supported the amendment, staunch opposition from President Dwight David Eisenhower resulted in the proposal’s defeat.

Bricker,_John_W._(2)
John William Bricker was born on September 6, 1893, near Mt. Sterling, Ohio. He attended public schools in Madison County and The Ohio State University. He graduated from Ohio State with an undergraduate degree in 1916. Bricker attempted to enlist in the United States Army during World War I, but the military refused to accept him because of a low pulse rate. Disappointed, Bricker did succeed in gaining entry to the Army Chaplain Corps. Upon the war’s conclusion, Bricker enrolled in the law school at The Ohio State University, graduating in 1920.

Bricker began to practice law in Columbus, Ohio, in 1920, but he also quickly pursued a political career. From 1920 to 1928, he served as the city solicitor for Grandview Heights, Ohio. From 1923 to 1927, he also worked as one of Ohio’s assistant attorney generals. In 1932, Bricker became the attorney general of Ohio, only to leave this position in 1939, following winning election as the state’s governor, a position that he had first sought unsuccessfully in 1936. As governor, Bricker had to deal with the end of the Great Depression and World War II. He succeeded in eliminating the state’s deficit and also increased funding for Ohio’s schools. He served three terms, from 1939 to 1945.

In 1944, Bricker, a Republican, had unsuccessfully run for the Vice Presidency of the United States. Upon ending his third term as governor, Bricker proceeded to win election to the United States Senate. He served two terms, from 1947 to 1959. He was unsuccessful in 1958 when he sought a third term. Bricker’s most famous act while a senator was his sponsorship of the Bricker Amendment. This act would have limited the president’s ability to enter into agreements with foreign nations. It lost by a single vote in the Senate and was never enacted. Following his defeat for reelection, Bricker returned to his law practice in Columbus. He died on March 22, 1986.

Source: antiwar.com By Justin Raimondo

The problem of international treaties superseding the U.S. Constitution and undermining the foundations of our Republic is not a new one. The conservative movement of the early 1950’s, which looked on the United Nations with extreme suspicion, was particularly sensitive to this threat — and they hit upon a solution: The Bricker Amendment.

Introduced into the Senate in February, 1952, as Senate Joint Resolution 130, the “Bricker Amendment” to the Constitution read as follows:

Section 1. A provision of a treaty which conflicts with this Constitution shall not be of any force or effect.

Section 2. A treaty shall become effective as internal law in the United States only through legislation which would be valid in the absence of treaty.

Section 3. Congress shall have power to regulate all executive and other agreements with any foreign power or international organization. All such agreements shall be subject to the limitations imposed on treaties by this article.

Section 4. The congress shall have power to enforce this article by appropriate legislation.

Mobilizing to support Bricker, conservatives built a grand coalition which included all the major veterans groups, the Kiwanis Clubs, the American Association of Small Business, many women’s groups, as well as the conservative activist organizations of the time, such as the Freedom Clubs and the Committee for Constitutional Government. The conservative press joined in the campaign; writing in Human Events, Frank Chodorov said that

The proposed amendment arises from a rather odd situation. A nation is threatened by invasion, not by a foreign army, but by its own legal entanglements. Not soldiers, but theoreticians and visionaries attack its independence and aim to bring its people under the rule of an agglomeration of foreign governments. This is something new in history. There have been occasions when a weak nation sought security by placing itself under the yoke of a strong one. But, here we have the richest nation in the world, and apparently the strongest, flirting with the liquidation of its independence. Nothing like that has ever happened before.

The breach in our defenses, said Chodorov, is in Article VI of the Constitution, which provides that “… All Treaties …shall be the supreme Law of the Land… any Thing in the Constitution to the contrary notwithstanding.” At the time of the Founders, the division between foreign and domestic policy was clear enough; there was never any intention, as Jefferson wrote, to enable the President and the Senate to “do by treaty what the whole government is interdicted from doing in any way.”

But as the concept of limited government was eroded — and under pressure from the endless stream of pacts, covenants, and executive agreements issuing forth from the United Nations and its American enthusiasts — the chink in our constitutional armor widened. Just as the growth of administrative law had threatened to overthrow the old Republic during the darkest days of the New Deal, so under Truman and Eisenhower the burgeoning body of treaty law threatened to overthrow U.S. sovereignty. Executive agreements had created administrative law of a new type; treaties which sought to regulate domestic economic and social behavior to a degree never achieved by the Brain Trusters. If the New Deal had failed to completely socialize America, to conservatives it often seemed as if the United Nations seemed determined to finish the job. According to the UN Declaration of Human Rights, human beings were endowed with all sorts of “rights,” including the right to a job and the right to “security.” There were, however, certain significant omissions, chief among them the right to own and maintain private property. Another equally glaring omission was the unqualified right to a free press, the regulation of which is left up to member nations. When three Supreme Court justices, including the Chief Justice, cited the UN Charter and the NATO treaty in support of their argument that Truman had the right to seize the steel mills, conservatives went into action — and the fight for the Bricker Amendment began in earnest.

The Eisenhower Administration, and particularly the U.S. State Department, went all out to defeat the Amendment. Leading the opposition was Secretary of State John Foster Dulles. This was the same John Foster Dulles who had said, two years previous, that “The treaty power is an extraordinary power, liable to abuse,” and warned that “Treaties can take powers away from the Congress and give them to the President. They can take powers from the states and give them to the federal government or to some international body and they can cut across the rights given to the people by their Constitutional Bill of Rights.” Hammered with this quote by Clarence Manion, Dean of Law at Notre Dame University, and a leading proponent of the Bricker Amendment, Dulles could only take refuge in the argument that this President would never compromise U.S. sovereignty.

Although the Bricker Amendment started out with fifty-six co- sponsors, it eventually went down to defeat in the U.S. Senate, 42-50, with 4 not voting. (A watered-down version, the “George proposal,” lost by a single vote.) The defection of Senators William Knowland and Alexander Wiley from conservative Republican ranks on this occasion was particularly significant, and marked the beginning not only of Wiley’s chairmanship of the Senate Foreign Relations Committee, but also the decline of the movement to put and keep America first.

As Frank E. Holman, president of the American Bar Association, and the sparkplug of the Bricker Amendment movement, wrote:

In the destiny of human affairs a great issue like a righteous cause does not die. It lives on and arises again and again until rightly won. However long the fight for an adequate Constitutional Amendment on treaties and other international agreements, it will and must be won. This will be the history of the Bricker Amendment as it has been the history of all other great issues and causes.

Holman’s comments were published in 1954 as Story of the Bricker Amendment, (The First Phase) — a title which one can only hope is prophetic.

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