The UN gun grabber
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Posted: 5/28/2010 9:42:04 AM
In my opinion, this makes the mid-term elections even more important since such a treaty cannot take effect without being ratified by the Senate. (Ratification requires a 2/3 majority voting for it.) The gun grabbers might would go for it, but this flies completely in the face of the US Supreme Court’s ruling that ownership of firearms is an individual American Right. Keep in mind that this treaty does not yet even exist and its final form remains unknown.
On the other hand, I tend to believe what is written on Snopes.com concerning this matter.
"The Constitution supersedes all treaties ratified by the United States Senate."
For those wanting more documentation from other sources, here is what I could find that might assist:
354 U.S. 1 (more)
77 S. Ct. 1222; 1 L. Ed. 2d 1148; 1957 U.S. LEXIS 729
What is being said is that the only way around an Amendment which either alters or repeals it. Even if the treaty in question passes, it cannot be used to bypass the Bill of Rights...at least not legally.
In Reid v. Covert, the Supreme Court found that "no agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution."