Monday, September 7, 2015

The Legislative Branch of Government is DEAD, And State Governments Too

Four Things You Can Do to Magnify the Power of One to Preserve Your Freedom


Saturday, I published an article that raised a warning about the devastating effects recent legislation will have on our Constitutional Rights.  This article continues that warning and provides both the wording from the legislation that is the root of this problem and shows how it conflicts with the Constitution.  As well as how it sets us up to lose our Constitutional Rights. And I provide specific things you can do as an individual to try to thwart this oppressive power play.

I hereby call on all our elected officials at State and Federal levels and all citizens of this country to immediately take legal action to enjoin against the enforcement of as well as repeal and annul The Iran Nuclear Agreement Review Act of 2015 - and this call has nothing to do with Iran and everything to do with the destruction of our Constitutional Rights.

The Iran Nuclear Agreement Review Act of 2015 threatens to totally destroy our Constitutional Rights and protections and indeed, our very Republic.

This is not about Iran.  It is about Congress passing an Act that establishes a precedent which will destroy the very fabric of checks and balances which protects the freedom of individuals of the minority and the majority, regardless of their party affiliation or politics.  

This will destroy the rights of Conservatives, Liberals, Progressives, LGBT, straight, gay, transgender, Christians, atheists, Libertarians, Republicans, Democrats, independents, Greens, Communists, Tea Party, 99%ers, anti-gunners, NRA, … in short ALL AMERICANS will lose their freedom if this one Act is allowed to stand.

While aimed specifically at Iran and the treaty that President Obama has signed with them, that is irrelevant because it establishes a precedent.  And under the English Common Law system which prevails in this country, a precedent is extremely important.

The bill was written with good intentions.  It appears to be aimed at blunting some of the most offensive and dangerous parts of the treaty with Iran.  Unfortunately, it allows the President of the United States (POTUS) to implement this treaty without requiring that the Senate first ratify the treaty, as required by the US Constitution.
"The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions with respect to Iran or refrain from applying sanctions pursuant to an agreement for:
12 days after the date of passage of a congressional joint resolution of disapproval, and
10 days after the date of a presidential veto of a congressional joint resolution of disapproval.
Specified deferrals, waivers, or other suspensions of statutory sanctions are excepted from such prohibitions."
Senate Bill 615: Iran Nuclear Agreement Review Act of 2015, Emphasis Added

Unfortunately, that last line gives away the farm.  It means that POTUS can make a million specific suspension of sanctions, individually, and they take effect regardless of what Congress says.  He just has to do it individually instead of making a blanket ending of sanctions.  So, even the good intentions of the Act are destroyed by the wording of the Act.

Remember, the word “agreement” here is being used in place of the word “treaty.”  That is because if they had used the word treaty, it would have caught everyone’s attention and folks would have clued into what exactly was happening here.

And what is happening here?

Three things are happening here, and the second is far, far worse than the first, and the third may be even worse than the first two.

ONE Really Bad Thing Happening Here

“[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; …”
US Constitution, Article II Section 2, emphasis added

1)  This act overturns how the US Constitution requires the handling of treaties. 

Under the Constitution, the President has sole power to enter into treaties for the United States.  Individual States cannot enter into treaties, and Congress cannot enter into treaties. 

However, no treaty entered into by the President is valid and binding until it is ratified by the Senate.  And then, it becomes the law of the land, even overriding the Constitution.
"This Constitution, and the Laws of the United States which 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 Laws of any State to the Contrary notwithstanding."
Article VI, US Constitution, emphasis added

This required ratification is a significant check on the power of the President.  It prevents him from entering into treaties such as the one proposed last year in the UN, and endorsed by then Secretary of State (and current Presidential hopeful) Hilary Clinton,  that would have required all of us to turn in our handguns under an international standard designed to disarm individuals all over the world which would have had the effect of leaving firearms only in the hands of outlaws and governments.

Or if the President should sign a treaty allowing the practice of Sharia Law inside the US, it would make it lawful inside the US for Islamic Councils to order the death of people who decide to leave Islam because they convert to another religion, such as Christianity.  And it would allow them to burn homosexuals alive, as ISIS has been doing under Sharia Law in the Middle East.

As you can see, treaties can be very powerful and dangerous things.  That is why the Founding Fathers established this significant check on the power of the President in making treaties. 

What is more, is because the Constitution requires the Congress ratifies a treaty before it can take effect, it means that if Congress simply ignores a treaty and does not vote on it, then it never takes effect.  And there is nothing the POTUS can do about that.

And, if the Congress brings a treaty up for a vote and the Senate votes against it by a simple majority, POTUS cannot override that vote and here is where we begin to enter the second, and worst area of precedent and problem created by this Act.

TWO - Really, Really Bad Things Happening Here

2) Under the Constitution, the POTUS cannot enact legislation.  He cannot write a bill and submit it to Congress.  All legislation must originate in Congress.  And, under the Constitution, once Congress has enacted a bill, it does not become law until the POTUS signs it, or if he ignores it for a time, then it becomes law automatically.

However, if the POTUS really doesn’t want a bill to become law, all he has to do is veto it.  When he vetoes it, it goes back to Congress and it is not a law.  If Congress feels really strongly that this should be a law, they vote on it again.  And, if they get a 2/3rds majority in favor of the bill, then the bill will become law, because the Presidential Veto cannot override the force of a 2/3rds majority vote.

In allowing the POTUS to enter into a treaty (agreement) and allowing it to take effect unless Congress votes against it, the POTUS can now craft laws (agreements) and they will take effect unless 2/3rds of the Congress votes against the law.

Effectively, this Act eliminates the Legislative Branch of the Government at a stroke.  Oh sure, they can keep passing laws and doing their thing.  But if the President wants something different than Congress, all he has to do is have the State Department create a treaty with some other country and then POTUS signs it and it automatically becomes the law of the land unless Congress can muster a 2/3rds majority to create a veto-proof rejection of the President’s latest law.  And POTUS can always find at least one foreign head of state out there who will agree to sign a treaty that destroys the Constitutional Rights of Americans.  I can think of a half-dozen right off the top of my head, with Iran being right there with them.

THREE - As if ONE and TWO Weren't Bad Enough

3) In addition to eliminating the Legislative Branch of our Federal Government, this Act will have the effect of overriding all the State Governments of each of our individual states.  They will become puppets at best, or utterly irrelevant at worst.
"This Constitution, and the Laws of the United States which 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 Laws of any State to the Contrary notwithstanding."
Article VI, US Constitution, emphasis added

There is very little we can do about this, but there is something we can do.  If you are as alarmed about this destruction of our Constitutional protections as I am there are four things you can do, each of which will magnify the voice of The One (you) and turn it into many.  The Power of One is more than you realize.


"I am only one; but still I am one. I cannot do everything; but still I can do

 something; and because I cannot do everything, I will not refuse to do the

 something that I can do."


1) Share this information with everyone you can.
  • Send emails about it to everyone in your email Address Book.
  • Post about it on Facebook, LinkedIn, Twitter and all other social media accounts that you have.
  • Tell anyone who will listen to you (one-on-one or in groups)
2) Contact each member of the Congressional delegation from your state that is currently serving in Congress.  This site http://www.contactingthecongress.org/ seemed to have the quickest and easiest access to contact information for all 50 states.  Urge them to repeal this Act immediately and to immediately take an expedited appeal to the Supreme Court so that this Act can be declared unconstitutional - which it is.
     A.    Write them letters.
     B.     Send them emails.
     C.     Send them faxes.
     D.    Phone their offices.
     E.     Do all of the above if you want them to realize how important this really is.

3) Contact the office of your state Governor and let him or her know what is going on and that the sovereignty of the state is about to be permanently and completely overridden and destroyed by one thoughtless Act of Congress.  Urge him or her to immediately order the State Attorney General to file suit in Federal District Court asking to have this Act declared unconstitutional.
     A.    Write them letters.
     B.     Send them emails.
     C.     Send them faxes.
     D.    Phone their offices.
     E.     Do all of the above if you want them to realize how important this really is.

4) Contact all your in-state legislators and let them know that their authority is being wiped out by a single act of the Federal Government.  Urge them to immediately pass resolutions condemning this usurpation of states’ rights and urging their governor to immediately file suit against the US Government in this matter.
     A.    Write them letters.
     B.     Send them emails.
     C.     Send them faxes.
     D.    Phone their offices.
     E.     Do all of the above if you want them to realize how important this really is.

I am sure that if you have read any of my previous articles in this blog, you know that there are many points of disagreement I have with different groups in our country today.  And this issue transcends all those disagreements we may have between us.  Because, if this Act stands, then we will all be oppressed together and our government will truly become the “jack-booted” regime that radicals have called it for many years.  And that boot will land firmly on the neck of everyone who doesn’t agree with what our POTUS wants to 

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Tom Sheppard is a business consultant and coach to small business owners and individuals. He is a recognized author with dozens of titles in business and fiction to his credit. One of his endeavors is to help those who want to see their own book in print. He does this through his trademarked Book Whispering Process (TM). The author is not an official spokesperson for any organization or person mentioned herein. 

The author is not an official spokesperson for any organization or person mentioned herein.

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