‘Evil, be thou my good!’ 0

… as Satan says in Paradise Lost.

Satan’s HQ on earth is, as we all know, the United Nations. That hellish institution inverts all values. Now it wants criminals to be ‘protected’ as ‘victims’.

Joseph Klein writes at FrontPage:

The United Nations Special Rapporteur on Torture, Manfred Nowak, told reporters at UN headquarters during his October 20th press briefing that criminal detainees are “vulnerable” people who need to be protected by a new UN treaty devoted just to the rights of detainees. He said that detainees deserved as much protection by the international community as children and the disabled do — which those groups already receive under the separate UN Conventions devoted just to them.

Presumably, terrorist suspect detainees would also be covered under this new treaty that Nowak is proposing. In fact, he reiterated his opinion – based, he said, on his experience as an international jurist – that the “victims” of rendition and detention are entitled to “adequate reparations”.

But that is not all. In response to my question whether the United Nations’ view of international law would trump a contrary decision by the highest court of a functioning democracy with an independent judiciary such as the United States, Nowak said that international law has “absolute priority.” His rationale was that a UN member state that voluntarily decides to sign and ratify a treaty is bound by the obligations of that treaty. …

In other words, he believes, along with much of the UN establishment, that neither the U.S. Senate nor our judiciary has the final say as to how the United States’ treaty obligations should be interpreted and administered if the United Nations has a different opinion! … In his view, the Constitution as interpreted by the Supreme Court cannot be used to justify an action that is at variance with international law as interpreted by the relevant UN bodies.

Here is the problem. The United States cannot be forced into surrendering its own sovereignty to some global governance body unless we look the other way and let it happen. Even if our political leaders decided to enter into a treaty that started us down this slippery path, treaties can neither override nor amend the Constitution under the Constitution’s “Supremacy Clause.” As the Supreme Court concluded years ago, it would simply make no sense for a treaty, once in effect as a result of the exercise of the President’s and the Senate’s constitutional powers, to become the instrument for usurping the legal authority of the Constitution that established those powers in the first place.

Thus, the United States Constitution by definition trumps the United Nations Charter, and all other treaties we may enter into under the UN Charter or otherwise, as the governing instrument for the American people.

However, the danger to this constitutional protection for America’s self-governance lurks within our own judiciary. UN officials are filing so-called friend-of-court briefs with the Supreme Court on human rights issues and the Court is increasingly deferring to their views. …

For example … the former UN High Commissioner took it upon herself while in office to advise the Supreme Court that the United Nations International Covenant on Civil and Political Rights required the Court to reverse the decision of the Court of Appeals denying the detainees’ petition for habeas corpus and ensure a full habeas corpus proceeding … The Supreme Court listened to the UN High Commissioner for Human Rights. It incorporated her notion of international law into its decision interpreting what was required under the United States Constitution, over the legislation supported by the two elected branches of our government.

With President Barack Obama expected to increase the number of Supreme Court justices who believe that international and foreign law should be reflected in their interpretations of the U.S. Constitution, Mr. Nowak may get his way after all by default.

Posted under Commentary, Law, United Nations, United States by Jillian Becker on Saturday, October 24, 2009

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