Time: Wed Aug 20 17:41:40 1997
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	Wed, 20 Aug 1997 15:14:38 -0700 (MST)
Date: Wed, 20 Aug 1997 15:13:14 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Universal Declaration of Human Rights

Yes, the Supremacy Clause states that
Treaties must be made "under the Authority
of the United States";  that "Authority" is
the U.S. Constitution, as lawfully amended,
and absolutely nothing else, and no one else.

An "Authority" is not a human being, per se,
but an "office", a lawful "function" to which 
Congress delegates power to do, or not do,
certain things.  Offices usually outlive the
occupants of those offices, e.g. President,
Vice President, Secretary of the Treasury, etc.

There is NO authority for Congress to violate
the Constitution by any legislative acts,
because no such power is enumerated anywhere
in the Constitution itself.  See the Ninth
Amendment for a fundamental Rule of Construction,
and the Tenth Amendment for an explicit reservation
of Rights to the People and to the several states.

See also Eisner v. Macomber:  "Congress cannot by
legislation alter the Constitution, from which
alone it derives its power to legislate, and
within whose limitations alone that power can
be lawfully exercised."  This language is very
clear, very precise, and very compelling.  
It arose from a dispute over the meaning of
the term "income" as that term is used in the 
so-called 16th amendment [sic].  Obviously, that
decision was predicated on a ratified 16th amendment,
which attempted to introduce the term "income" into
the U.S. Constitution for the first time.

The whole situation has been horribly complicated by
the Downes Doctrine, which did restrict enforcement
of the U.S. Constitution to the state zone;  later,
under Hooven & Allison, that doctrine was clarified
by holding that the guarantees of the U.S. Constitution
extend to the federal zone ONLY as Congress makes
those guarantees applicable, by statutes.  Confer
at "United States" in Black's Law Dictionary, which
cites Hooven for defining 3 different meanings of
that term.

Federal citizens, for better or for worse, are subject
to this doctrine, because they have joined a political
association which is not protected by fundamental 
Rights, as such, but only by legislative extensions
of "civil rights" to the inferior citizenship "franchise"
they exercise.  These "civil rights" can be taxed,
regulated, modified, and repealed.  For example,
the Guarantee Clause does NOT require the federal
government to guarantee a Republican Form of Government
to itself, only to the several states of the Union.
This is how we have constructed the Guarantee Clause, 
for the edification of the 8th Circuit.

For a thorough treatment of this subject, read all of
the articles recently posted in the Supreme Law Library
from USA v. Gilbertson, now before the 8th Circuit
in St. Louis, Missouri state.  If you are short on time,
read the OPENING BRIEF first, because it contains the
most condensed development of our thoughts on this 
crucial subject, on first impression to that Court.

So, in conclusion, a treaty which is enacted under 
Authority of the United States (federal government),
is rendered the supreme Law of the Land, pursuant
to the Supremacy Clause at Article VI, Clause 2.

I hope this helps.


/s/ Paul Mitchell
http://www.supremelaw.com

copy:  Supreme Law School



At 05:16 PM 8/20/97 -0400, you wrote:
>Question: Am I correct in assuming that a treaty
>must be in non-contradictory accord with the Constitution?
>Ie. A treaty provision that would require the confiscation of
>all firearms would not be enforceable due to the 2nd Amendment?
>
>----------
>From: 	Paul Andrew Mitchell[SMTP:pmitch@primenet.com]
>Reply To: 	liberty-and-justice@pobox.com
>Sent: 	Wednesday, August 20, 1997 2:59 PM
>To: 	liberty-and-justice@pobox.com
>Subject: 	L&J: SLS: Universal Declaration of Human Rights
>
>At 11:01 AM 8/20/97 PST, you wrote:
>>     Treaties may not supercede the Constitution.  The idea that they can 
>>     is just more globalist pap.
>
>I didn't say that they did.
>
>They are supreme Law of the Land, however, 
>pursuant to the Supremacy Clause, Article VI,
>Clause 2.
>
>Read it:  "... all Treaties made, or which shall
>be made, under the Authority of the United States,
>shall be the supreme Law of the Land; ...."
>
>I think this gives the human Rights treaties
>much more importance than they have enjoyed
>hitherto.
>
>/s/ Paul Mitchell
>http://www.supremelaw.com
>
>
>
>========================================================================
>Paul Andrew Mitchell                 : Counselor at Law, federal witness
>B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine
>
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========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com   : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this

As agents of the Most High, we came here to establish justice.  We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
[This text formatted on-screen in Courier 11, non-proportional spacing.]

      


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