How To Subvert The Constitution or The Treaty on Treaties.

Most people know that it is a constitutional requirement that the US Senate must ratify a treaty by a 2/3 vote for it to become law. So things like the now defunct Paris Accord don't really mean jack until the Senate ratifies it.

However, back on April 24, 1970, President Richard Nixon signed the Vienna Convention On The Law of Treaties, also known as the Treaty of Treaties. Though this treaty has not yet been ratified by the Senate it is important to be aware of it. There is nothing stopping the Senate from taking this back up. As of now there are 45 treaties waiting on the Senate according to The US State Department.

As of April 2014, 114 Countries have ratified this treaty.

So what is so bad about this? Well if it were to become ratified, you would no longer need a ratification of a treaty by the Senate. You wouldn't even need the President to sign it. A country will be held accountable to a treaty just by vocally expressing support for it.

for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty; (d) 'reservation' means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;.

A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when:

(a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or (b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed.

In other words, once an administration signs or merely signals assent to the terms of an international agreement, the United States must consider itself bound.

Even though the Senate has not ratified this treaty the US State Department considers it as "customary international law".

The United States considers many of the provisions of the Vienna Convention on the Law of Treaties to constitute customary international law on the law of treaties.

If you would like to read the entire Law of Treaties CLICK HERE

Hopefully something like this will never be ratified but you never know what the knuckle heads in Washington will do.

a reply to: FauxMulder

What difference do treaties make when the US is always at war.

a reply to: dfnj2015

A treaty is a formal, and binding, agreement between sovereign states. A cessation of hostilities is not the only thing that qualifies as a treaty.

You really don't need to post things out of complete ignorance just to post them. You don't get extra points for a high post count.

originally posted by: Shamrock6
a reply to: dfnj2015

A treaty is a formal, and binding, agreement between sovereign states. A cessation of hostilities is not the only thing that qualifies as a treaty.

You really don't need to post things out of complete ignorance just to post them. You don't get extra points for a high post count.

Ignorance of what? I know what a treaty is. You don't have to comment on every post you don't like.

ARTICLE 11.

As the government of the United States of America is not in any sense founded on the Christian Religion,-as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen,-and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

Treaties do not mean anything.

a reply to: Shamrock6

You really don't need to post things out of complete ignorance just to post them. You don't get extra points for a high post count.

man i thought you knew it's about the stars and flags.

a reply to: hounddoghowlie

He sure got a lot for being snippy. Just goes to show you what is important.

a reply to: dfnj2015

Given your initial comment that

What difference do treaties make when the US is always at war.

it certainly appeared that you were of the belief that a treaty only ended warfare. Don't break out your google-fu in an effort to cover that up now. Should've done that first.

I know your shtick is to crap on any and every thing America/Americans because it's a reliable source of stars generally, but you could at least make some attempt at having an idea what you're spouting off about before you get going.

a reply to: dfnj2015

Obviously comprehension is not your strong point; what does Article 11 have to do with the OP?

Treaties do not mean anything.

The American Indian might be willing to give feedback on this one.

a reply to: roadgravel

As would those of us not walking around an irradiated mess, thanks to the Nuclear Test Ban Treaty.

a reply to: Shamrock6

Treaty - It's a good idea but don't hold me to it.

a reply to: roadgravel

Like everything else in life.

a reply to: roadgravel

One time I pitched a teepee in Nazareth and not a single Israeli Arab (Muslim & Christian) or Israeli Jew said a word.
Then one day a American tourist walked up said it was illegal and a infringement on the rights of the native population.
He went on to say the my actions were a deliberate action to radicalize the local population into anti-America sentiment.
Finally, a Russian guy camping next to me busted him up side the head. I gave him cigar and we went on to catch a lot fish that weekend.

As far as treaties, the U.S. has broken every single treaty ever written involving Native Americans.
On the flip-side the government of the State of Israel in the only democratic nation to pass legislation formaly recognizing
all the major Native America tribes as free independent and sovereign people.

The Democratic Party raised holy hell.

Buck