A Commentary on the Unconstitutional United Nations Treaty by Judge J.J. Boesel, ret. *

Oklahoma's House of Representatives, in its Resolution #1047 of March 26, 1994, gave Congress direct orders. One order said to Congress, "Cease rendering aid to any activity or engagement under the jurisdiction of the United Nations or any World Body."

Congress disobeyed this order and promptly appropriated 1.2 billion dollars for payment to the United Nations.

What remedy does the Constitution provide for Oklahoma to enforce its Sovereign will by terminating the United Nations and to recover this 1.2 billion dollars?

The Constitution gives Oklahoma a clear answer, where it provides the States a direct power line to bring such a dispute between a Sovereign State and the Federal Government directly to the U. S. Supreme Court.

The dispute is between a State order - Resolution #1047 and a Treaty. For the 1.2 billion dollars was provided by Congress.... under the UN Treaty.

If the Treaty was 'made under the authority of the United States", as required by Article VI (the Supremacy Clause) THEN it is a valid Treaty and will prevail over Oklahoma's State order. In such event, Oklahoma could not recover the 1.2 billion dollars.

On the other hand, if the Treaty was made BEYOND "the authority of the United States", then the Treaty is unconstitutional and void and Oklahoma can have the Court order under the UN to repay this sum to the U. S. Treasurer because Congress cannot pay any U. S. funds under a void Treaty.

Was this UN Treaty ..... "made under the authority of the United States?" My research shows this question has never been answered by the Court. If this is true, then this is a case of first impression for the Court and in my opinion the Court would be inclined to decide this question for this reason alone.

Does this Treaty or any laws passed pursuant to the Treaty change or amend the provisions of the Constitution? If so, then the Treaty and these laws are void. This is the result declared by the Supreme Court over 100 years ago, when it ruled, "A treaty cannot change the Constitution or be held valid if it be in violation of that document." Foster v Neilson (1826) 2 Pet 314.2

Moreover in the more recent case of Reid v Covert (1957), 354 U.S. the Court prohibited any changes or amendments to the Constitution placed in effect without the consent of the States, where it said, "It would be manifestly contrary to the objectives of those who created the Constitution, let alone alien to our Constitutional history and tradition to construe Article VI (the Supremacy Clause) as permitting the United States to exercise power under an international agreement, without observing Constitutional prohibitions. In effect such construction would permit amendment of that document in a manner not sanctioned by Article V." The States have rarely proposed amendments to the Constitution before they can take effect.

This UN Treaty and laws passed pursuant to the Treaty without the consent of the States. Including the recent U.S. troop order of the President turning them over to UN foreign command ... an order Attorney Phyllis Schlafly writes is " .... the most unconstitutional transfer of power in the history of America."

The State law of Oklahoma provides the House of Representatives with a ready-made vehicle to challenge this UN Treaty. It requires the Oklahoma Attorney General to go to Court when requested by the Governor or either branch of the Legislature.

Will Oklahoma's House have its Attorney General obtain a Supreme Court declaration that the UN Treaty is unnconstitutional and void and force the UN to repay the 1.2 billion dollar give-away?

It looks like there is everything to gain and nothing to lose. For the United Nations Treaty is here and the United Nations is in place and has been for fifty years. Further, the 1.2 billion has gone down the tubes, along with uncounted billions of taxpayer dollars the Congress has given the UN ever since its beginning following WW II.
* Judge Boesel is a former Professor of Constitutional Law, Capitol University Law School, Columbus, Ohio.

A retired Army Colonel, he served with the 4th Infantry Division in World War II which made the assault landing on D-Day, Utah Beach, Normandy.
EXTRACT: "Oklahoma's 1.2 Billion Dollar Challenge", March 1997 bulletin #422.
Send self-addressed, stamped #10 (business) envelope.
Ask for March 1997 bulletin #422.

Archibald E. Roberts, LtCol, AUS, ret, Director
Post Office Box 986 Fort Collins, Colorado USA 80522

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