L. Hirsen, J.D., Ph.D.
The origin of the grand experiment we call America was based upon a divinely inspired and unique political perspective, that being, that individual rights do not come from government but are endowed to mankind by the Creator. Power is, therefore, vested in government solely through a legal conveyance from the people. The document our founders used for this conveyance was the Constitution.
In order to enable the federal government to effectively engage
in foreign affairs with other nations, Article VI of the Constitution
provides that treaties "...shall be the supreme Law of the
Land... any thing in the Constitution or laws of any State to
the contrary notwithstanding." The Founders did not intend
to provide the means for any branch of government to utilize
treaties to bypass other constitutional prohibitions.
Leading the opposition to the Bricker Amendment for the Eisenhower Administration was Secretary of State, John Foster Dulles. In a speech to the American Bar Association in 1952, Mr. Dulles admitted that treaties become the supreme law of the land and, therefore, override the Constitution. He acknowledged that treaties could encroach upon individuals in that "they can cut across the rights given the people by their constitutional Bill of Rights."
The Bricker Amendment was ultimately defeated in the Senate. Nonetheless, in the words of Frank Holman, a supporter of the amendment and president of the American Bar Association, "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."
The threats to the Constitution, sovereignty and limited government with which Senator Bricker dealt have increased in geometric proportions as the following examples illustrate.
The recently ratified Chemical Weapons Treaty will allow a
foreign state to legally violate fourth amendment protections
against unreasonable searches and seizures. Domestic legislation
enacted for our national parks are being superseded by the UN
World Heritage Treaty. The UN Convention of the Rights of the
Child encroaches on the most personal relationship between a
parent and a child. Private property rights are endangered by
the UN Biospheres Project.
In essence, Helen Chenoweth is attempting to insure that we will be governed by laws made by our duly elected representatives, not by directives of treaties, international agreements or foreign judiciaries.
Sovereignty is a term that refers to the particular, blessed nature expressed by our Founders in the documents that constitute the fundamental basis of our Republic. Rep. Chenoweth's efforts must be supported to put a halt to the incremental erosion of our precious freedoms and, once again, place authority and dominion where they properly belong.