In view of the fact that Obama’s nuke deal with a terrorist state cannot be finalized without a two thirds APPROVAL VOTE IN THE SENATE as commanded by our Constitution, and that Obama has taken the unprecedented move of going to the United Nations for its approval before the deal is even debated by our Congress, members of our Senate who still believe that our Constitution is the supreme law of our land ought to take out a full page add in a newspaper of record to inform the parties to Obama’s nuke deal that it cannot be finalized until and if the Senate of the United States gives it a two thirds approval vote.
Our Constitution commands:
The president ”…shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…”
So, what is meant by the word “treaty” as the word was used and understood by our founders, and requires a two thirds approval vote by our Senate to have the force of law?
In Federalist No. 64 Jay defines a treaty as a “bargain” . He writes:
”These gentlemen would do well to reflect that a treaty is only another name for a bargain, and that it would be impossible to find a nation who would make any bargain with us, which should be binding on them ABSOLUTELY, but on us only so long and so far as we may think proper to be bound by it.”
And in Federalist No. 75 Hamilton tells us with reference to a treaty, “Its objects are CONTRACTS with foreign nations, which have the force of law…” So, we begin to learn that the word treaty as found in our Constitution is synonymous with a contract or bargain.
In addition to Hamilton’s use of the word “CONTRACTS” to describe a “treaty”, he goes on to explain why the president was not granted an arbitrary power to make “CONTRACTS with foreign nations, which have the force of law” unless approved by a two thirds vote. Hamilton points out the president, if he had such power:
“might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand. An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents. The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States.”
So, as it turns out, our founders intentionally commanded by our Constitution, that any deals cooked up by the president with a foreign power would not have “the force of law” unless approved by a two thirds vote in the Senate.
We have been warned about submitting to tyranny:
"When a free people submit to oppressive acts, passed in violation of their constitution, for a single day, they have thrown down the palladium of their liberty. Submit to despotism for an hour and you concede the principle. John Adams said, in 1775, Nip the shoots of arbitrary power in the bud. It is the only thing a people determined to be free can do. Republics have often failed, and have been succeeded by the most revolting despotisms; and always it was the voice of timidity, cowardice, or false leaders counseling submission, that led to the final downfall of freedom. It was the cowardice and treachery of the Senate of Rome that allowed the usurper to gain power, inch by inch, to overthrow the Republic. The history of the downfall of Republics is the same in all ages. The first inch that is yielded to despotism __ the first blow, dealt at the Constitution, that is not resisted is the beginning of the end of the nation’s ruin." ___ THE OLD GUARD, A MONTHLY JOURNAL DEVOTED TO THE PRINCIPLES OF 1776 AND 1787
JWK
He has combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation __ Declaration of Independence
Our Constitution commands:
The president ”…shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…”
So, what is meant by the word “treaty” as the word was used and understood by our founders, and requires a two thirds approval vote by our Senate to have the force of law?
In Federalist No. 64 Jay defines a treaty as a “bargain” . He writes:
”These gentlemen would do well to reflect that a treaty is only another name for a bargain, and that it would be impossible to find a nation who would make any bargain with us, which should be binding on them ABSOLUTELY, but on us only so long and so far as we may think proper to be bound by it.”
And in Federalist No. 75 Hamilton tells us with reference to a treaty, “Its objects are CONTRACTS with foreign nations, which have the force of law…” So, we begin to learn that the word treaty as found in our Constitution is synonymous with a contract or bargain.
In addition to Hamilton’s use of the word “CONTRACTS” to describe a “treaty”, he goes on to explain why the president was not granted an arbitrary power to make “CONTRACTS with foreign nations, which have the force of law” unless approved by a two thirds vote. Hamilton points out the president, if he had such power:
“might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand. An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents. The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States.”
So, as it turns out, our founders intentionally commanded by our Constitution, that any deals cooked up by the president with a foreign power would not have “the force of law” unless approved by a two thirds vote in the Senate.
We have been warned about submitting to tyranny:
"When a free people submit to oppressive acts, passed in violation of their constitution, for a single day, they have thrown down the palladium of their liberty. Submit to despotism for an hour and you concede the principle. John Adams said, in 1775, Nip the shoots of arbitrary power in the bud. It is the only thing a people determined to be free can do. Republics have often failed, and have been succeeded by the most revolting despotisms; and always it was the voice of timidity, cowardice, or false leaders counseling submission, that led to the final downfall of freedom. It was the cowardice and treachery of the Senate of Rome that allowed the usurper to gain power, inch by inch, to overthrow the Republic. The history of the downfall of Republics is the same in all ages. The first inch that is yielded to despotism __ the first blow, dealt at the Constitution, that is not resisted is the beginning of the end of the nation’s ruin." ___ THE OLD GUARD, A MONTHLY JOURNAL DEVOTED TO THE PRINCIPLES OF 1776 AND 1787
JWK
He has combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation __ Declaration of Independence
