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Old July 7, 2011, 08:05 PM   #1
Sefner
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Join Date: June 24, 2009
Location: Michigan
Posts: 769
Obama, The UN, and Guns

Well, looks like it's that time again, with the NRA email going around about the Small Arms Treaty and Obama taking our guns over the head of Congress via the UN and the HuffPo article about Obama's new gun control agenda.

So before it even starts:

Quote:
Originally Posted by The United States Constitution, Article II, Section II, Paragraph II:
"[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;"
And from the SCotUS case Missouri v. Holland, the case many claim lays the groundwork for treaties being supreme over the Constitution:

Quote:
Originally Posted by Justice Oliver Wendell Holmes
Acts of Congress are the supreme law of the land only when made in pursuance of the Constitution, while treaties are declared to be so when made under the authority of the United States. It is open to question whether the authority of the United States means more than the formal acts prescribed to make the convention.
There are two cases, Reid v. Covert (1957) and Medellin v. Texas that state that no treaty can come in direct violation of the Constitution and cast doubt on how broadly Missouri can be defined respectively.

Quote:
Originally Posted by Reid v. Covert
"... this Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty"
And this was all via Wikipedia... this stuff isn't hard to find. Let's try to use this opportunity to educate some on our side about this issue so we can focus on more pressing and real matters.

It's sad that some on on our side resort to the same unreasonable scare-tactics that those on the other side also use.
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