A "Treaty" by any other name is still a "TREATY"
by an American Patriot
July 28, 2005

President George W. Bush negotiated, drafted and in May 2004, signed a "free trade agreement" and presented it to Congress in 2005 for an up or down. This commerce "agreement," referred to as "CAFTA," could not be amended by Congress. CAFTA passed the Senate by a 54 to 45 vote and then passed the House by a 217 to 215 vote -- a "simple majority."

Under Article II of the Constitution, the President of the United States "shall have power, by and with the advice and consent of the Senate [States], to make treaties, provided two thirds of the Senators [representatives for the States] present concur." Nonetheless, CAFTA was negotiated and drafted without the advice of the Senate [representatives for the States] and could not be amended by the Senate [representatives for the States] -- a direct violation of Article II of the Constitution.

Even though CAFTA was negotiated, drafted and signed under the "authority of the United States" by the President under Article II and could not be amended by Congress, it was presented to "Congress" for a majority vote under Article I. Under Article I of the Constitution -- the supreme law of the land -- both Houses of Congress, NOT the President, has the power to "regulate commerce with foreign nations." CAFTA, a "commerce" agreement entered into by the President, is a direct violation of the "separation of powers."

In order for CAFTA to become a legally binding "treaty" with "foreign nations" entered into by the President of the United States exercising the powers of Article II, it has to be "made in Pursuance" of the Constitution and that requires a 2/3rds majority vote by the Senate [representatives for the States]. For CAFTA to become a legally binding "commerce agreement" entered into by Congress with "foreign nations," it has to be negotiated, drafted and voted on by Congress and THEN signed by the President of the United States.

When Confucius was asked `If the ruler of Wei were to entrust you with the government of the country, what would be your first initiative?' , Confucius said "It would certainly be to rectify the names ... If the names are not correct, language is without an object" and "CAFTA," drafted by, signed by the President and presented to Congress, by any other name is still a "treaty" under Article II that requires a 2/3rds majority vote by the Senate [representatives for the States].

Alexander Hamilton, stated that "A treaty cannot be made which alters the Constitution of the country, or which infringes any express exceptions to the power of the Constitution..." James Madison, stated "I do not conceive that power is given to the President and the Senate to dismember the empire, or to alienate any great, essential right. I do not think the whole legislative authority to have this power." And last, but not least, Thomas Jefferson stated "I say the same as to the opinion of those who consider the grant of the treaty-making power as boundless. If it is, then we have no Constitution." Either we have a Constitution that delegates the "just" powers of the federal government or "we have no Constitution."

In 'The Crisis' Thomas Paine wrote "These are the times that try men's souls. The Summer soldier and the Sunshine Patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of men and women. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict the more glorious the triumph. What we obtain too cheap, we esteem too lightly; it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated."

A vote against CAFTA was a vote for the Constitution, the American people and national security. But the Congress of the United States places the import and export of cheap goods and labor above the freedom and sovereignty that our founding fathers fought and died to obtain.

The federation of the states and the Constitution were established by "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity" but our Congress disregards our Constitution and the will of the American people in favor of Corporate America and the pursuance of open borders and globalization.

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