It is likely that most advocates and supporters of the Second Amendment know that unless a treaty is ratified by two-thirds of the Senate, it fails to have any legal effect on American citizens. This confidence comes from Article II, Section 2 of the Constitution, to wit:
He [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…
According to Alonso that is a thin reed upon which to rely. In his study he remarks, “The ways in which the rights of private United States gun owners could be infringed are endless.” For example,
The first way is the possibility that the President of the United States signs [a treaty]…. Signature by a United States President would indicate to the international community that the United States intends to abide by the gun control laws, with or without ratification by the Senate. [Emphasis added.]
A second way these gun control laws could affect United States parties is in the event that gun control becomes a customary international law. Even if the United States did not sign on to [a] treaty, if the United States began to abide by [it], the United States may, in effect, be consenting to [that treaty] becoming customary international law. In the eyes of an international court, the United States, by following the treat[y], is consenting to be bound by the treaties in the future.
Kopel agrees that a mere signature by the president would be sufficient to enact such a treaty, regardless of opposition by Congress. Kopel explains: “The United States Supreme Court has cited unratified treaties…as guidance for interpreting United States constitutional provisions.”
What’s especially frightening is the current president’s propensity to sign, arbitrarily and unilaterally, numerous Executive Orders (EOs) to put in place his policies without the necessity of consulting Congress. To date he has issued 128 EOs, the latest concerning deportation of children of illegal immigrants residing in the United States.
Faced with the increasing likelihood that Obama won’t have a second term to complete his agenda to turn the country into a European socialist society, complete with gun control laws, what would keep him from issuing an EO approving the UN Arms Trade Treaty in July? |
