Welcome to the January 2009 Edition of Patriot Music News!

	Matt Fitzgibbons

Article 6 of the US Constitution has three short paragraphs, one of which, called the "Supremacy Clause" is feared by many to hold a Trojan horse with the potential to destroy our Republic.

"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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

At first glance, "The Supremacy Clause" appears to simply state that the Constitution is the supreme law of the land. But herein lies what many see as a Trojan horse in waiting.

Since the President needs only the Senate majority to approve any treaty, any and every aspect of the Bill of Rights could be legally nullified, without the House of Representatives, and regardless of State Constitutions or laws. One United Nations' treaty between the President and the Senate and the fat lady sings, right? Freedom of Speech, The Right to Peaceably Assemble, The Right to Bear Arms... gone? Not exactly.

In the 1950s, Senator John W. Bricker of Ohio introduced a series of Constitutional Amendments collectively called the Bricker Amendments.

Senate Joint Resolution 130, February, 1952

Section 1. A provision of a treaty which conflicts with this Constitution shall not be of any force or effect.

Section 2. A treaty shall become effective as internal law in the United States only through legislation which would be valid in the absence of treaty.

Section 3. Congress shall have power to regulate all executive and other agreements with any foreign power or international organization. All such agreements shall be subject to the limitations imposed on treaties by this article.

Section 4. The congress shall have power to enforce this article by appropriate legislation.

(Source: http://en.wikipedia.org/wiki/Bricker_Amendment)

In 1954 though, the Bricker Amendments were blocked by President Eisenhower and failed to become law by 1 vote. Time for the fat lady? Not yet.

In 1957, the U.S. Supreme Court ruled that all treaties the U.S. enters into must not infringe on the Constitutionally protected rights of American citizens.

"It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights -- let alone alien to our entire constitutional history and tradition -- to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions."

Justice Hugo Black, Reid v. Covert

(Source: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0354_0001_ZO.html)

So while many are justified in their concerns about politicians' willingness to subvert U.S. sovereignty through foreign treaties, there is at least legal precedence for the "Supreme Law of Land" argument. Then again, Supreme Court Justices are also appointed by the President with the confirmation of the Senate.