The Treaty Power In Secret: Re-read the Constitution

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Posted by Jay P Rutledge on June 06, 1997 at 14:27:49:

: Article 1,Section 8, clause 17 is an injuction to the federal
: not to step outside its limited jurisdiction. That is to say that no
: Act of Congress or any so called federal laws have any applicability
: or legal effect within the exterior boudaries of any particular state.
: When are we going to realize that it does not matter what the federal
: government tries to get you to believe? If you don't live the District
: of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa, or the
: Virgin Islands your not, I repeat your not under their jurisdiction.
: It's as simple as that. We've got to stay on point and keep hammering
: the message. "It all hinges on jurisdiction." Nothing else. Nothing!

OK. But, also consider the following:

A mere 73 people can amend the Constitution for the United States as set forth in the law and, further, it is lawful for them even to do it in secret. It is right under our noses in the Constitution:

Article VI.

2 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.

a1.Section 5.

3 Each House shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may in their judgment
require secrecy...

a2.Section 2.

1 The President ...
2 He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur;

These provisons of the Constitution plus some research done by Larry
Becraft into how the federal judiciary had made decisions when a treaty was in force connected the dots for me (Cases on migratory birds and opium). I finally understand how the government can take away our common law rights and immunity from federal municipal law enforcement in the States lawfully and legally and right under our noses. It's been going on since 1912.

There are a host of treaty provisions or conventions which have been
approved by the Senate in open session. But nobody can even guess what
has been done with the treaty power in secret. I have read, but not
verified that on at least one occasion, secret use of the treaty power
was revealed. This occasion was the Jay Treaty which was allegedly
approved in secret and ordered not published. There are cases on record during which the government has alleged that a federal law was silently premised on a treaty provision. Are some federal judges taking "silent judicial notice" of conventions and their provisions ?

I am convinced that the only peaceful way for the people of the country to keep the treaty power in secret from annihilating our rights is a Convention of the States with the delegates regulated to consider only proposals for amending the process of amendment. When enough state legislators have covenented with citizens in a compact which citizens can enforce themselves against any perfidious state legislator, a compact in which the state legislators agree to enact law regulating the delegates to a Convention of the States to consider only amendment of Article V, we can safely have an application by two thirds of Legislatures of the States to Congress to call a Convention.

I would prefer no Convention, but the treaty power in secret puts us
between the devil and the deep blue sea. If nothing is done, the
encroachments of foreign jurisdiction will persist. I just don't
envision Congress ever amending the Constitution to limit this power.
Anyone reading this who comes to the same conclusion should write me at

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