Brief Lesson On Ratification of Treaties – Part 1

Editor’s note: There is going to be a series on the Ratification of a Treaty because it seems people feel that there will be a Treaty signed at end of July. There is some misinformation out there. 

“From 2-27 July, all countries of the world will come together in New Yorkto negotiate what is seen as the most important initiative ever regarding conventional arms regulation within the United Nations. A robust arms trade treaty can make a difference for millions of people confronted with insecurity, deprivation and fear.” (1) From this statement came panic, and some on the web went nuts, one such comment that sums up this hysteria, “July 27 Obama to sign gun control through UN… are you for it?” The writer even says “LISTEN TO DICK MORRIS IMMEDIATELY”, I did listen to it and I’ll comment on later. Now, with all of this “hysteria” which was created by Dick Morris’ video , did anyone stop and think about the Constitution? Did anyone stop to think or even ask just how Obama can sign a TREATY on the 27th of July? Does anyone really know the process of treaty ratification?

Let’s begin with the Constitution, in particularly Article 2, Section 2, Clause 2 which includes the “Treaty Clause” (Note: italicized are editorial comments/observations), “He (the President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds (Super Majority and the Democrats do  not currently have nor, if the GOP stands firm, are they likely to be able to get one) of the Senators present concur;….”

Now, let’s look at the process of Advice and Consent of the Senate (ratification) for a treaty.

The first step in that process, usually, is a review of the treaty by the administration. This review is to ensure if the treaty is consistent with United States policies and law. This review begins with the State Department, where they will review the treaty for the administration and prepare a recommendation for the President on whether the United States should or should not ratify the treaty (Knowing Hillary Clinton’s view on Gun Control, I’m sure this will be a very unbiased recommendation. NOT!!). The State Department will then prepare the documents for submission to the Senate to request approval (ratification) of the treaty and submit them to the White House. When the treaty and supporting documents get to the White House, the President’s staff will do a final review of these documents. If the President (And we know how Obama stands on gun control and the U.N.) considers the treaty in the best interest of theUnited States, the documents will be sent to the Senate, to start the process of ratification.

When the treaty arrives at the Senate, it will be referred to the Senate Foreign Relations Committee. While it is in committee, there may or may not be hearings on the treaty. These hearings maybe private or public and are to determine if there is any public concerns, or if any special legislation is going to be required for implementation (Like maybe amending the Constitution). After the committee review, a vote will be taken and a political decision will be made by the Committee Chair on what the appropriate process should be.

Should the committee feel or have any specific reservations, declarations or recommendations for the administration, they will return the treaty to the White House with the supporting documents that list these reservations, declarations or recommendations that should be made in order to get the Senate’s consent of the treaty. Some of these recommendations may or may not mean adjusting the treaty to theUnited Stateslegal system.

Some of these recommendations may require news laws or existing laws to be amended as a result of treaty ratification. If this is the case, a separate legislative bill will be introduced by the administration to accomplish these changes, and the bill will follow the standard process for approval of new laws or amending existing in the Congress.

The final steps required for the Senate’s consent is a positive recommendation by the Senate Foreign Relations Committee and to be scheduled for a vote by the full Senate. However, the Senate may wait for the complete package, which may include any law and rules changes, before providing its consent with a favorable vote by the Senate. (Information for this was obtained from the Fryer Institute ‘s  paper on CONCERNING THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS (GENEVA ACT) ca. 1999.)

Now, we all know that the P.O.T.U.S. has been, as he usually is, on the campaign trail and the Senate has been on break since BEFORE the U.N. meeting was scheduled to begin, so we can reasonably believe that no documents have been prepared or submitted to the administration or the Senate Foreign Relations Committee. So how may I ask can a treaty be ready to sign by the President on July 27?

Now let’s get back to the Dick Morris video, at time stamp 2:30 you will hear the IMPOTANT statement, “IF the SENATE approves then….”, now I believe I have shown that until the process under the Treaty Clause is followed, this treaty will not have any binding on the United States. Also, think about what will be taking place over the next six months, it case you need a reminder, THE ELECTION, not just to replace Obama, but there are a number of senate seats at stake, now does anyone believe that any but the hard core socialists liberal senators would even consider any treaty that would impose any restrictions on our Second Amendment rights? Even if it is brought up in the Senate during the “lame duck” session, there is not the “super majority” to ratify the treaty, unless any member of the GOP that are not reelected behave as spoiled brats and decide to screw the country. Should we, The People, watch and monitor the progress of this treaty with an educated mind, DEFINITELY! Should we go into a state of panic or hysteria, I feel not because it this case, there isn’t anyway a Treaty can be ratified in such a short time.

Continued in Part 2, More about the what are treaties, Congressional – Executive Actions, Sole executive Actions, the legality of them and of course Repeal.

 

About Old Marine

I was a Vietnam Vet, before being one was popular. After serving 14 years in the Marines, attended college and earned degrees in Chemistry and Geology. Currently working as both for a state agency. @OldMarine1 on Twitter.
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