No bad idea is ever completely defeated in this country, perhaps in
other nations as well. I have seen bad ideas surface again and again in
this country. When the right is defeated the right tends to stay
defeated. I recall advocating a national right-to-work law when I worked
in the Senate in the late 1970s. The member of the leadership to whom I
pitched the idea exclaimed, "Oh, no. We can't do that. It was defeated
in 1958." I merely was suggesting that we try to get a vote on the
issue. I knew we couldn't win at that time. I went on and said "So?
There is hardly anyone here who was in the Senate then." I didn't work
for this Senator so I felt that I could not go further but the point
remains valid. No doubt if I tried to push the idea among conservatives
in the Senate to this day someone would object because his father told
him that the idea had been defeated in 1958 and therefore it could not
be done.
Not so with the liberals. My first encounter with the demand for gun
control came in 1968. It was shortly after Senator Robert F. Kennedy was assassinated. It seemed that every man and his brother was
demanding gun control. Senator Gordon L. Allott, for whom I worked, told
me "Just wait around. A few months from now almost no one will be
talking about gun control. I've seen it all before [when President John
F. Kennedy was assassinated]. This idea comes up here again and again
although if you would ask the average man on the street, he almost would
never demand gun control." The good Senator was correct. He has been
gone for more than 25 years, yet the issue has surfaced again and again.
Most recently it has occurred following the tragic killings at the
Virginia Polytechnical Institute and State University, known as
"Virginia Tech." With conservatives when an idea is defeated it by and
large remains defeated. Does any current Senator push the Bricker
Amendment?
On the other hand liberals have no hesitancy in repeatedly pushing a bad
idea after it has been defeated. We have a perfect illustration of this
in the current Senate. When Ronald W. Reagan took office as President,
more than 25 years ago, an issue surfaced known as the Law of the Sea
Treaty. I had never heard of it and must admit when it was first
mentioned I didn't pay much attention. But thanks to Howard Phillips,
Phyllis Schlafly and others I began to realize that this Treaty,
sometimes disparagingly called "LOST," approvingly called "UNCLOS,"
would give our sovereignty away. That alarmed me.
Through our Coalitions efforts we began to fight this Treaty. The battle
seemed helpless until some of us discussed the matter with Edwin (Ed)
Meese, III, then a key member of President Reagan's White House Staff.
Meese agreed that the Treaty was fatally flawed and invited the
President's attention to it. President Reagan opposed it. Yet, would
you believe that we still had to carry on the fight against the Treaty
beyond his coming out against it. The Navy, it seems, despite Reagan's
opposition, still carried on until ordered to stop. Why, you ask, would
the Navy be in favor of a treaty which would have given away our
sovereignty? The reason, we were told, was that the Navy believed the
Treaty if ratified would make it safer for our ships to operate. Who
knows, but that was the argument advanced at the time.
Once the Law of the Sea Treaty was put on ice by Reagan in the second
year of his eight years in the Presidency it did not surface again. Nor
did it surface during the Administration of President George H. W. Bush.
After Bill Clinton was in office for two years and faced a
Republican Senate he never pushed the Treaty at all.
Then came the Administration of President George W. Bush. During his
first term the Treaty never was pushed. We assumed that it was dead. But
during the first Congress of his second term it surfaced again. In fact,
Chairman Richard G. Lugar (R-IN) of the Senate Foreign Relations
Committee was so determined to push this Treaty that he permitted no
opposition during the hearings. It was voted out unanimously.
Thanks to extraordinary work by Senator Jim Inhofe (R-OK),
and then a commitment made by Senate Majority Leader Bill Frist (R-TN)
at our Coalitions lunch, the Law of the Sea Treaty again was put on ice.
While supposedly Vice President Dick Cheney was for the
Treaty, President Bush never supported it.
Now that Bush is a lameduck President and at the lowest polling rating
of his Presidency (28% favorably), Bush at last has come out in favor of
the Treaty. We have an uphill fight to defeat the Treaty. The Democrats
are in control of the Senate and almost all of them favor the Treaty.
Many of the six GOP Senators who were defeated in 2006 were opponents of
the Treaty. So if Senator Inhofe is to drum up opposition he would need
35 Senators. That would be next to impossible. Whereas Majority Leader
Frist kept his commitment to be against the Treaty, his successor,
Senator Mitch McConnell (R-KY) has not yet taken a position of which we
are aware.
Again, when conservatives are defeated they regard their defeat as
final. When liberals are defeated they wait around until the next
opportunity presents itself. Meanwhile, the extraordinary researcher
Cliff Kincaid has produced a monograph linking global warming with the
Treaty and demonstrates that if the Treaty were ratified it would be far
easier to bring cases against the United States. In another paper, "The
Secret Agenda behind the Law of the Sea Treaty," he says the Treaty is
so extreme that former UN Ambassador Jeanne Kirkpatrick stated that "it
was viewed as the cornerstone of Marxist-oriented New International
Economic Order." According to Kincaid, "This was conceived as a scheme
to transfer money and technology from the United States and other
developed countries to the Third World." He points out that Kirkpatrick
strongly opposed the Law of the Sea Treaty.
According to Kincaid, the Treaty would open the U.S. up to international
lawsuits and climate-change legislation, providing a back door for
implementation of the ungratified and costly global warming treaty. This
is because the Treaty would establish a new international legal regime,
including a new international court, to govern activities on, over and
under the oceans, seven-tenths of the world's surface. The provisions of
the Treaty would also permit international rules and regulations
governing economic and industrial activity on the remaining land area of
the world in order to combat global warming and other perceived
pollution dangers.
There you have it. Another bad idea, long defeated, about to be ratified
unless there is a real revolt against it.