The United States will sign the Paris Agreement on climate change this year regardless of the Supreme Court’s decision to put a chunk of President Barack Obama’s environmental action on hold, the U.S. climate envoy said on Tuesday.
PROBLEM…. Obama signing a treaty does NOT equate to “The United States” signing a treaty. As a matter of fact, it’s not even close.
Obama signing a treaty doesn’t make it binding upon the people of the United States.
First, a treaty is not even considered the Supreme Law of the Land UNLESS it is approved by 2/3 of the Senate.
Second, a treaty is not the Supreme Law of the Land, even if it is approved by 2/3 of the Senate, if it is not consistent with the Constitution. Read Article 6, section 2 of the Constitution:
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Treaties are only valid if they are made “under the authority of the United States.” That means that unless the treaty involves a power that is specifically delegated to the federal government, it is NOT a valid treaty. Listen to Thomas Jefferson:
By the general power to make treaties, the constitution must have intended to comprehend only those subjects which are usually regulated by treaty, and cannot be otherwise regulated… It must have meant to except out of these the rights reserved to the states; for surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way.
Since there is no specific delegation in the Constitution for the federal government to have power over the environment, that power is reserved to the States, consistent with the 10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
With these facts in mind, even if the president signs the Paris Treaty, and even if the Senate approves, the treaty is NOT binding on the people or the States because it is a violation of the Constitution and the powers reserved to the States.
The States and the People must say, “We Will Not Comply!”