The Senate would have to ratify the ATT for it to become law.
However, Constitutional law dictates that no treaty can trump the Constitution. So goes with UN’s Arms Trade Treaty, of course. Regardless of any presidential signature or congressional ratification this treaty can’t become law here in the States.
But, what part of the Constitution has reigned in this treasonous President and Congress?
When the time comes for Obama to declare that America will adhere to the ATT, will we see the start of civil war? We will have gun control nuts on one side and highly armed patriots on the other.
For those unfamiliar with the text of the UN’s Arms Trade Treaty, here’s a brief sketch of the most noxious provisions:
• Article 2 of the treaty defines the scope of the treaty’s prohibitions. The right to own, buy, sell, trade, or transfer all means of armed resistance, including handguns, is denied to civilians by this section of the Arms Trade Treaty.
• Article 3 places the “ammunition/munitions fired, launched or delivered by the conventional arms covered under Article 2” within the scope of the treaty’s prohibitions, as well.
• Article 4 rounds out the regulations, also placing all “parts and components” of weapons within the scheme.
• Perhaps the most immediate threat to the rights of gun owners in the Arms Trade Treaty is found in Article 5. Under the title of “General Implementation,” Article 5 mandates that all countries participating in the treaty “shall establish and maintain a national control system, including a national control list.” This list should “apply the provisions of this Treaty to the broadest range of conventional arms.”
• Article 12 adds to the record-keeping requirement, mandating that the list include “the quantity, value, model/type, authorized international transfers of conventional arms,” as well as the identity of the “end users” of these items.
• Finally, the agreement demands that national governments take “appropriate measures” to enforce the terms of the treaty, including civilian disarmament. If these countries can’t get this done on their own, however, Article 16 provides for UN assistance, specifically including help with the enforcement of “stockpile management, disarmament, demobilization and reintegration programmes.” In fact, a “voluntary trust fund” will be established to assist those countries that need help from UN peacekeepers or other regional forces to disarm their citizens.
Arguably, the Arms Trade Treaty would become the law of the United States if the Senate were to ratify the treaty.
While that is the process that the Constitution establishes for the implementation of treaties, fundamental principles of construction and constitutional law dictate that no treaty that violates the Constitution can become the supreme law of the land. In the case of the UN’s Arms Trade Treaty, there is no doubt that regardless of presidential signatures or congressional consent, this treaty cannot pass constitutional muster and therefore will never be the valid law of the land.
Unless, of course, Americans once again acquiesce to President Obama’s assumption of illegal authority and relinquish their rights and weapons regardless of the reasons they should not do so.
There is a higher authority, however, who never asked his followers to surrender their weapons and leave themselves defenseless in the war against tyranny.