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Monday, October 22, 2007
Phyllis Schlafly :: Townhall.com Columnist
Law of the Sea Treaty Would Swamp U.S. Legal System
by Phyllis Schlafly
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A case now before the U.S. Supreme Court proves why the Senate must defeat the United Nations Law of the Sea Treaty. The oral arguments heard this month by the justices didn't mention the treaty, but the parallels are powerful. The case concerns Jose Medellin, a Mexican national on death row in Texas. Medellin was convicted and sentenced to death after he confessed in 1993 to the rape and murder of two teenage girls in Houston.

Long after Medellin had received full due process of the U.S. legal system, in 2003 the Mexican government sued the United States in the International Court of Justice. That is an agency of the United Nations that sits at the Hague in the Netherlands.

In 2004 the International Court of Justice ruled 14-1 in favor of Mexico and ordered the United States to give Medellin another hearing, or perhaps another trial, at which he could receive the assistance of Mexican consular employees. At that time, the International Court of Justice was headed by a judge from the People's Republic of China.

A 1963 treaty known as the Vienna Convention, which the United States and Mexico signed and ratified, provides that aliens who are accused of crimes in a foreign country are entitled to request the assistance of consular officials from their home country. Medellin never requested such assistance until long after he was tried, convicted and sentenced, and after all his appeals were denied.

Of course, Medellin did receive the assistance of competent U.S. legal defense lawyers throughout the process, which lasted longer than the lives of the girls he murdered. There is no reason to think that the presence of a Mexican consul could have made any difference in the outcome.

Incredibly, the administration of President George W. Bush knuckled under to the International Court of Justice and ordered the Texas courts to give Medellin another hearing. The Texas courts properly refused to honor this unconstitutional presidential interference, and the Texas decision was upheld by the Texas Court of Criminal Appeals.

This case is dramatic proof of why the U.S. Senate should not ratify any more U.N. treaties that put U.S. law in the noose of foreign tribunals. The United States has only one vote out of about 150 nations, i.e., the same vote as Cuba.

Not only are foreign tribunals hostile to the United States, but their judges have no comprehension of U.S. law, due process, or trial by jury. They often meet in secret, they arrogantly assert they can define their own jurisdiction, and their decisions may not be appealed.

U.S. sovereignty would be severely diminished if the Senate is so foolish as to ratify the pending Law of the Sea Treaty, officially called the United Nations Convention on the Law of the Sea. Once the United States were to accept the validity and jurisdiction of the International Tribunal for the Law of the Sea, which is already functioning in Hamburg, Germany, the U.S. would will be expected to submit to its anti-American decisions.

The Bush administration is trying to claim that problems with the Law of the Sea Treaty have been "fixed" and that we can veto rulings we don't like. Just compare: Texas rejected the jurisdiction of the International Court of Justice in the Medellin case, but that doesn't stop the International Court of Justice and Bush from asking the U.S. Supreme Court to overrule Texas criminal law and accept the International Court of Justice's authority over U.S. domestic law.

It's obvious that Americans cannot depend on Bush or any future president to stand up for U.S. law against busybody foreigners who hate us. Bush made it clear in the case of Medellin v. Texas that he sides with the murderer and a global court against U.S. law.

Bush's legal adviser in the State Department, John B. Bellinger III, made a revealing speech on June 6 in the Hague. He said that Bush accepts the International Court of Justice's decision about Medellin (as well as about 51 other convicted Mexican murderers from various U.S. states), and is now trying to persuade the U.S. Supreme Court to accept it, too.

Bellinger also said, "I have a staff of 171 lawyers who work every day ... to promote the development of international law as a fundamental element of our foreign policy." He added that the Bush administration entered into 429 international agreements and treaties last year alone, and now advocates a priority list of more than 35 treaty packages including the Law of the Sea Treaty.

U.S. voters would like to know what are the 429 plus 35 international packages that the Bush administration is pushing. We do know that the worst of the bunch is the Law of the Sea Treaty, whose international tribunal, a 21-member international court based in Hamburg, Germany, claims the power to decide all matters relating to the two-thirds of the Earth's surface.

Tell your U.S. senators that the Medellin case is further proof that they should vote no on the Law of the Sea Treaty.

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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need an amendment
there needs to be an amendment that states that no agreement or treaty can take precedence to the US Constitution.

there also needs to be impeachment processes specified for justices as well

Just
Bring back public hanging and hang the murderer.
Send Mexico the bill for his burial.

And tell the World Court, do not call us, we will call you

True, True
Ms. Schlafly every thing said is true and also the reason congress will ratify the treaty.

Think about it. Ready made passes for carrying out their unspoken agenda. The do not have to take the blame for the trashing of America. They simply say the UN mandated it as in the best interest of the whole world population, even if it screws Americans and America. You can rest assured the politicians have already determined how they can make a buck on the outcome.

Cynical? You bet and with every reason.

What illegal immigrant?
I thought we weren't supposed to ask illegal immigrants their status? If not, how would anyone know to contact the Mexicans to help poor Jose?

Principles matter
The points made in this column illustrate very clearly why we need to elect a real conservative who reveres the Constitution (ours, that is) and puts this country and its citizens first.

Bush is no different on these issues than a liberal Democrat.


What's in it for the US?
We only have to ask ourselves why the United States needs a "Law of the Sea Treaty"? The answer of course is we don't. Instead of forming a new U.N. division, and funding it with our tax dollars, we should be leaving the U.N. It's become so corrupt, it's no longer salvagable as a credible organization.

Also, it's bad enough that some of the liberals on the Supreme Court think that international law should apply to the U.S. This treaty would only further the globalism being pushed by Bush and others that have been selling-out the country. Our soverighty is our identity. Many have given their lives for it. Much of the rest of the world (especially Europe) have sacrificed theirs in the name of multi-culturalism. We must continue to fight, even if it's our own leaders, to keep ours.

I like Talent Scout's idea.


Freedom for Sale
"What so proudly we hailed at the twilight's last gleaming,
Whose broad stripes and bright stars, through the perilous fight,
O’er the ramparts we watched, were so gallantly streaming?
And the rockets’ red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there.
O say, does that star spangled banner yet wave?"

Not for long, it will not wave. Globalist elites (big business), both Democrats and Republicans, are selling what cost untold amount of blood to obtain - FREEDOM. Big business does not care about borders, sovereignty, freedoms, all they care about is new markets and profit (at any cost!). Cheap labor helps, hence the push for legalization of cheap, illegal, immigrants. Used to be, they just shipped jobs overseas for cheap labor, but they still had shipping charges. Illegal cheap labor here would solve that nuisance cost.
The American people were always a power to recon with. WE THE PEOPLE! We elected people to represent us; the Constitution empowered us to do so. Since no globalist elitist can expect to enlist the American people to give away their freedom, they sign treaties without the input from the PEOPLE! Sell them out!
And you know what? They will succeed because most people have no idea what is going on! That's how communism, fascism, were established!
You may not want to hear this, but what you are seeing is the "ultimate power" theory. All previous social systems went to the extreme. Now, you are seeing capitalism at it's extreme worst. Money/power/greed is the root of all evil!!!
("THE PEOPLE" are an accomplice because "they own stock, and like the three monkeys, don't want to see, hear, or speak evil, as long as profit is to be made. I ask: at what cost? you may loose a few bucks; your grandfather lost his life so you can enjoy the persuit of happiness.)

"And the people will walk like lambs to the slaughter house, none the wiser to their fate."

Change the system?
All bitching on these boards is worth less than the time you spend doing it. The only way you may force change is to write/call/visit your government representatives!!! Don't expect others will do it for you! YOU must become actively involved! YOU must actively involve others! YOU must spread the word! Otherwise, just shut up and accept your fate!
We still have a little voice. SHOUT to your Congressmen/women!!! Tell them you are not ready to be ruled by France, Libya, Venezuela, The Congo or Somalia!!!!!
Your forefathers died so you can do it! Make them proud - DO IT!!!

Change the system!
All bitching on these boards is worth less than the time you spend doing it. The only way you may force change is to write/call/visit your government representatives!!! Don't expect others will do it for you! YOU must become actively involved! YOU must actively involve others! YOU must spread the word! Otherwise, just shut up and accept your fate!
We still have a little voice. SHOUT to your Congressmen/women!!! Tell them you are not ready to be ruled by France, Libya, Venezuela, The Congo or Somalia!!!!!
Your forefathers died so you can do it! Make them proud - DO IT!!!

Future
This is the future if the globalists win. Our liberties will be GONE.

Keep your powder dry
Down here in South Texas we"re waitin for the worst cuz we know its coming

America For Sale
"America for Sale: Foreigners Flock to U.S.
"By SCOTT MAYEROWITZ
ABC NEWS Business Unit


Oct. 11, 2007— Does your new next-door neighbor have an Irish accent? Maybe an Italian one? Or how about Canadian?
Don't be so surprised.
As the value of the dollar plummets, American real estate looks more and more attractive to overseas investors."
(read the above article to fully understand the impact.)

Fire sale: US property/sovereignty for sale. Cheap! Local citizens - like well fed, complacent, pigs, - willing to sell their soul for pennies on the dollar.

For minimal investment, you can obtain control of the most powerfull nation in history!
The country that made the rest of the world wealthy, the country that re-built both Japan and Europe from self-destruction, the country that made Democracy viable, the country that saved Europe from naziism, as well as communism, is now up for auction for the highest bidder. (Heh, heh, heh) (And we got the dollars to buy it.)
And the people, like zombies, accept the new reality. Wealth, like in the US, makes people complacent. Complacent people make easy prey.
LOLOLOL


Patriot
Bless you,my dear!

The World court and the U.N.lost credibility a long time ago.

Patriot, are preac hing to the choir here.

Come on people,get on the phone,fax, and e-mail already!

Should tell all, all they need to know
Since the UN was created, there have been 14 Undersecretaries for Political and Security Council Affairs. All have been communists, and all but one have come from the Soviet Union.

1946-1949 Arkady Sobolev 1963-1965 V.P. Suslov
(USSR) (USSR)
1949-1953 Konstantin Zinchenko 1965-1968 Alexei E. Nesterenko
(USSR) (USSR)
1953-1954 Ilya Tchernychev 1968-1973 Leonid N. Kutakov
(USSR) (USSR)
1954-1957 Dragoslav Protitch 1973-1978 Arkady N. Shevchenko
(Yugoslavia) (USSR)
1958-1960 Anatoly Dobrynin 1978-1981 Mikhail D. Styenko
(USSR) (USSR)
1960-1962 Georgy Arkadev 1981-1986 Viacheslav A. Ustinov
(USSR) (USSR)
1962-1963 E.D. Kiselev 1987- Vasiliy S. Safronchuk
(USSR) (USSR)

Anything in the UN is not good for the
USA

Five years after the 1945 founding of the United nations, official records released by the State Department# identified the individuals listed below as key U.S. contributors to the planning for the world organization. Each of the 16 was subsequently identified in sworn testimony before U.S. government agencies as a secret communist.

Alger Hiss
Nathan Gregory Silvermaster
Harry Dexter White
Harold Glasser
Virginius Frank Coe
Victor Perlo
Noel Field
Irving Kaplan
Laurence Duggan
Solomon Adler
Henry Julian Wadleigh
Abraham George Silverman
John Carter Vincent
William K. Ullman
David Weintraub
William H. Taylor

# Postwar Foreign Policy Preparation, 1939-1945, U.S. State Department

Anyone believe they are all gone today?
I hope not, we now have a Marxist running for President under the Democratic ticket.

And several no better under the Republicans.

Every thing going on to destroy

The Sovereign USA originates from the CFR.

They are so powerful today the people who speak out are villified, just as many are now doing to
Phyllis Schlafly

-------
Not only was the U.S. represented by a sizable number of communists, our nation's delegation also contained 43 individuals who were then or soon would be members of America's leading Establishment organization, the privately-run Council on Foreign Relations. Alger Hiss himself was both a communist and a CFR member as was another U.S. member of the UN planning team, Lauchlin Currie. As communists, and as CFR members, they worked diligently to bring the world government into existence, and they labored just as hard to have the United States a part of it.

http://www.sweetliberty.org/issues/guns/dos7277.htm

Phyllis once again
is pointing out another reason why Bush was about 180 degrees out of phase with those he duped into voting for him. Is he the UN's One World Order Bush or the Secretary of State of Mexico?

International Law is legal for those strong enough to enforce it. To paraphrase what Stalin might say, who wouldn't dream of allowing some international tribunal thwart his ambitions, 'how many divisions has the Netherlands?' Giving our sovereignty away in this manner is treasonous to the nation such that only a liberal/socialist would propose it.

The libs don't give an inch when it's their power at stake, but they're quite willing to share in the spoils of someone else's. Someday there's due to be a reconning...and leftist legal props like Medellin won't make it to any court.

law of the sea
I was at sea in the fifties,foreign nations did not have the decency then, to uphold "The rules of the sea." What would happen with the U.N. behind them? Pat Mercurio,NewSmyrnaBeach,Fl.pamercurio@cfl.rr.com; 386-426-6254.

my 2 cents
"I have a staff of 171 lawyers who work every day ..... to promote the development of international law as a fundamental element of our foreign policy."

scary

Great article.
Genuine conservatism is at a crisis.

The philosophy needs more high-profile people like Phyllis Schlafly, Pat Buchanan, Robert Novak, Charley Reese, the late and great David Hackworth, and others, to offer a vision of what constitutes true conservatism.

The conservative movement has been hijacked by leftists who became disgruntled at the direction of the McGovernite wing of the democratic party, which had begun to adopt positions sympathetic to Palestinians, and critical of Israel. They abandoned the democratic party, and turned to the GOP, for they had nowhere else to go. Unfortunately, they brought their insidious neocon philosophy with them, infecting the GOP as a virus infects its host.

Their sycophants and media shills include Sean Hannity, Rush Limbaugh, Fred Barnes, among others, who make the fatal error of equating this leftist-inspired neocon interventionist foreign policy with traditional conservatism.

It is so refreshing to realize there are still red-blooded conservatives out there.

God bless Phyllis Schlafly.

j-baub
I second that. This LOST treaty is a dog, just like everything that comes from the UN. We need to get out and kick them out. We need to redeploy our troops only in places that are vital to OUR interests and where popular sentiment is with us. The US is the greatest force for good that the world has ever known and it is high time that we are treated as such. (the country, not the govt.) Thank Ms. Schlafly for keeping this on the landscape. I will go email my useless senators about this.

I cannot believe it
It would appear from my quick read of the postings that there is NOT ONE in support of this "treaty". Bthey liberal or conservative.
I don't give a sh*t if anybody is offended or think it is politically incorrect but.........
THANK GOD we can at least agree on this. I am becomming less and less concerned with the legal problems I would incur and I would be happy to kill anyone yes kill anyone in favor of this trash. Obviously I would have no moral problem doing so. Those in favor of it are willing to kill our country. So, why not kill them first. Anyone else with a belief as strong?



Call and email!!!!!!!!!!
Lugar, Biden, Kerry, Hagel and others on the Foreign Relations Committee who are trying to ram this through. Do it now before you respond to another blog. Also, while you are at it, call and email Reid about his attempt to ram through the Dream Act and do it today under cover so all of you are unaware. This is how things are done under the dems.

ROMNEY FAVORS GETTING OUT OF UN

.....Mitt Romney has called for the USA to pull out of the UN and form an Alliance of Free Democratic Republics as far as I know he is the only candidate that has expressed that view ...

.....for that reason alone I would vote for Romney .....COLOSSUS

Candidates
I am a republican and anti anything Clinton/liberal/communist/socialist. If I could pick/choose among the republican candidates to form 1 good republican I could feel good about the whole thing. It seems however each one has one item of belief that ruins them for me.Guess I'm kinda picky who I trust with this country.
Elimination of the UN would however be a GREAT start.

Moving the ball towards the goal line
Sam, whew brother take a breath and slow down. You threw so much up there, that after re-reading your post, I still can't figure out what in the hell your saying. What's your point?

By the way, we should have enacted the lemon law on Bush, about five years ago. What a disappointment.

Seems to me that the only
law any of us ordinary Americans will be able to count on in the future, is the Law of the Gun.

motleycrue
I am not a violent person. Never fired a weapon in malice at anyone. But, I am not without potential. My last fistfight was in jr high. That was over 50 years ago.
But, it seems that this utterly stupid and dangerous insanity could push many of us past the point of no return.
America, if you have not yet done so, ARM YOURSELVES. It may become the only available response to insanity. Orr, you can at least end things on your own terms.

Sadly, UncleB,
I am already past the point of no return. What, with being labeled a racist because I don't mind expressing my opinion about Muslims who want to kill me, or illegals who want everything I've worked my whole life for, or the government searching my pockets for whatever change I have left, to feed the whole third world, or homosexuals calling me a bigot because I consider them sexual deviants.

But, then again, who am I to complain? Just an old white guy whose race has just about invented everything that makes the present-day world go round, and without which the world would still be stuck in the stone age. Yeah. What do I know?

schafly on the "Law of the Sea" et al.
These treaties are a real threat when all it takes is for a President of the U.S. to negotiate these DISASTEROUS TREATIES and then need only have a Senate of his own party ratify them for them to become the supreme law of the land. "Little Boy Presidents" should not be allowed to make "Grown Men treaties" that result in such peril to our Nation. The problem also seems to be that there are so few presidents with the knowledge or statesmanship that our founding fathers envisioned in their drafting of our Constitution. Worse still,the bloviaters in the Senate have neither the brains or the courage to "Check" such incompetence.

Vienna Convention Treaty overlooked
How do you overlook the fact that we blatantly broke the treaty that we signed with Mexico. The 1963 Vienna Convention. I didn't think our country was that way. That is what the International Court of Justice is there for. We may be America the greatest country in the world, but we are not perfect or above the law. Global Law I take it, here. There has to be some way to keep countries held accountable.
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