And while USMCA Art. 34.3, 1. provides, “The Parties may agree, in writing, to amend this Agreement”, it doesn’t say that is the exclusive means of amendment. Accordingly, we must consider Art. 34.3 as providing an additional means of amendment.
USMCA Article 30.2, 2. (f) grants to the Commission power to “issue interpretations” of the Treaty; and the footnote thereto says that its interpretations “are binding for tribunals and panels established under Chapter 14 (Investment) and Chapter 31 (Dispute Settlement).”
And since, as noted above, the “interpretations” of Ch. 33 issued by the Macroeconomic Committee are considered as “interpretations” issued by the Free Trade Commission, the “interpretations” of the Macroeconomic Committee will also be binding on the tribunals deciding disputes between the Parties.
We thus permit the “creature” of the Treaty to modify the document under which it holds its existence!12
Art. III, §2, cl. 1, grants to U.S. Courts the Power to decide all Cases arising under Treaties &
all Controversies to which the United States is a Party.
In violation of our Constitution, the Treaty restricts the Parties to the dispute settlement procedures laid out in the Treaty.
Chapter 31 of the Treaty addresses resolution of disputes involving violations of the Treaty or “interpretations” of the Treaty issued (or “deemed to be issued”) by the Free Trade Commission. Disputes are heard by a panel of five drawn from a roster of up to 30 individuals appointed by the Parties. The panel is to make findings of fact and determinations and issue a report. If the disputing Parties don’t agree on the report, the complaining Party may suspend various benefits held by the responding Party under the Treaty.
Article 31.3 limits the Parties’ choice of a forum for dispute resolution to that set forth in the Treaty or in another international trade agreement to which the disputing Parties are signatories.
Article 31.20 permits a Party to intervene in proceedings already pending in a domestic judicial or administrative forum which involve the interpretation or application of the Treaty. The purpose of such intervention is to inform the domestic tribunal of the “interpretations” of the Treaty issued (or “deemed to be issued”) by the Free Trade Commission. Thus, the “interpretations” of the Treaty issued by the “creature” of the Treaty are to be foisted on our domestic courts and administrative law judges!
Note that Art. 31.21 expressly forbids a Party from making a law which grants a right of action against another Party on the ground that a measure of the other Party is inconsistent with the Treaty.
- Powers reserved by the States or the People which the Treaty transfers to global organizations
Our Constitution is one of enumerated powers only. Most of the powers delegated to the federal government over the Country at large are listed within Art. I, §8. See this Chart.
Labor
We did not delegate to our federal government power over labor issues. However, beginning in the early 1900s, we permitted our federal government to exercise, by usurpation, powers over labor issues.13 As a result, we got the federal Department of Labor, a host of Acts of Congress addressing labor issues, and a plethora of Rules issued by the Department and published in Title 29 of the Code of Federal Regulations. The Department, its Rules, and the Acts of Congress are unconstitutional as outside the scope of powers delegated. The Rules are also unconstitutional as in violation of Art. I, §1, US Constit.
Chapter 23 of the Treaty transfers those usurped powers to the United Nation’sInternational Labor Organization (ILO).
Article 23.1 defines “labor laws” as the statutes and regulations of a Party that are directly related to “internationally recognized labor rights” such as the “right” to collective bargaining; and which require Parties to make laws to provide wage-related benefits payments for workers such as profit sharing, bonuses, retirement, and healthcare.
Here are some of the dictates set forth in the Treaty with which US laws and agency rules must comply:
- At Art. 23.2, the Parties affirm their obligations stated in the ILO’s Declaration on Rights at Work and Declaration on Social Justice for a Fair Globalization (2008).
- Article 23.3 dictates that “Each Party shall adopt and maintain in its statutes and regulations, and practices thereunder,” various rights, as stated in the ILO’s Declaration on Rights at Work; and “Each Party shall adopt and maintain statutes and regulations, and practices thereunder, governing acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.”
- Article 23.5 requires each Party to “effectively enforce its labor laws”.
- Article 23.9 requires each Party to implement policies to protect workers against employment discrimination on the basis of sex, pregnancy, sexual orientation, gender identity, and caregiving responsibilities; and to provide job-protected leave for birth or adoption of a child and care of family members; and to protect against wage discrimination.14
Additional Reserved Powers transferred to global or multi-national bodies
The USMCA Treaty is long and complex: see the Table of Contents. Here are brief comments on some of the other powers reserved by the States or the People which are unlawfully transferred by the Treaty:
- Chapter 19 addresses digital trade. Article 19.5 requires each Party to maintain a legal framework governing electronic transactions consistent with the principles of theUNCITRAL Model Law on Electronic Commerce 1996. That model law is a product of the United Nations Commission on International Trade Law.
- Chapter 21 addresses competition policy. Article 21.1 requires each Party to maintain and enforce “national competition laws” which proscribe “anticompetitive business conduct”. The Parties are to apply those laws to “all commercial activities in its territory.” Article 21.4 requires each Party to adopt or maintain national consumer protection laws or regulations that proscribe fraudulent and deceptive commercial activities.
- Chapter 24 addresses environmental laws. Article 24.3 requires each Party to ensure that its laws provide for high levels of environmental protection. Article 24.4 requires each Party to enforce its environmental laws. Article 24.9 requires each Party to control the production and use of substances which deplete or change the ozone layer [and on & on for 30 pages].
- The Death of the Republican Form of Government
In a “republic”, the sovereign power is exercised by representatives elected by the People.
Article IV, §4, US Constit., requires the United States to guarantee to every State in this Union a Republican Form of Government.
But the USMCA Treaty, time after time, delegates the exercise of sovereign power to various panels, Committees, Commissions, UN organizations, and others – not one of which is elected by the People.
- Don’t fall for the carrot dangled in your face!
The Treaty reportedly contains some tariff benefits to various industries in the United States such as the auto and dairy industries. Their profits (at least for a while) should increase as a result of the Treaty. And for that, We are to surrender our sovereignty to theglobalists?!
- The 1815 Free Trade Treaty between the United States and Great Britain
On Dec. 6, 1815, President James Madison sent this treaty to the Senate for ratification. It is two pages long. Unlike the USMCA Treaty, it doesn’t set up a government over the United States and Great Britain—thus proving that trade treaties need not surrender our sovereignty. And Madison’s treaty doesn’t require a lawyer skilled in sniffing out dirty tricks to understand what it does.
- Conclusion
In Federalist No. 22 (last para), Alexander Hamilton said that one of the problems with the Articles of Confederation (AOC), our first Constitution, was that it was never ratified by the PEOPLE. Because the only foundation for the AOC was the consent of state legislatures, questions had arisen concerning its validity.
This is why Art. VII of our second Constitution (the one we have now) provides for its ratification by Conventions held in each of the States. In support of the ratification method set forth in Art. VII, Hamilton wrote:
“…The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.” [caps are Hamilton’s].
This is why our Constitution begins with, “WE THE PEOPLE”. WE consented to it.
But the USMCA Treaty sets up global government over the economic issues covered by the Treaty. It is NOT to be submitted to THE PEOPLE for their consent. The globalists who infest our Legislative and Executive Branches (the latter of which, as the Perloff article points out, has been dominated by the Council on Foreign Relations for over 70 years) want the Treaty ratified by a simple majority vote in Congress. 15
The USMCA Treaty is illegitimate; and the global government it imposes is tyrannical.
Endnotes:
1 Here is the Council on Foreign Relations’ Task Force Report on the NAU.
2 The US Constitution is unique. It is (1) a written Constitution (2) which created the federal government; (3) listed the handful of powers granted to the federal government; and (4) has as its Foundation the Consent of The People. As our “Organic Law”, it is the standard by which the lawfulness of legislative Acts and Treaties is measured. Its existence undermines the political integration of Canada, Mexico, and the United States. That’s why the globalists want an Article V convention – to get a new constitution for the US which won’t stymie their plans.
3 “Organic law” is “the fundamental law, or constitution, of a state or nation…”
4 On the lesser status of treaties in relation to our Constitution: The objects on which the United States may enter into treaties are restricted to the enumerated powers delegated to the federal government – see authorities cited in this paper. On the lesser status ofActs of Congress: Federalist No. 78 (11th & 12th paras) says that when an Act of Congress violates the Constitution, “the Constitution ought to be preferred to the statute”; judges “ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.”
5 See authorities quoted here.
6 The treaty is long, intricate, and tricky. This paper addresses only parts of it. We are insane to allow treaties “… so voluminous that they cannot be read, or so incoherent that they cannot be understood…” Federalist No. 62 (4th para from end).
7 To get an idea of the extent of the regulations on custom duties, skim all 72 pages ofChapter 2.
8 And our money is to be based on gold & silver (Art. I, §10, cl. 1). In Federalist No. 10(next to last para), Madison warns against “A rage for paper money…or for any other improper or wicked project…”.
9 Perloff says the initial planning for the World Bank & IMF was by the Council on Foreign Relations.
10 Ayn Rand warned 60 years ago in Atlas Shrugged that if we didn’t change course, our Inventors and Authors would lose their property rights.
11 They left out Chapter 17, which addresses cross-border financial services. Art. 17.5, 1. (d) (iv) declares:
“No Party shall adopt or maintain… a measure that…imposes a limitation on… the total number of natural persons … that a … cross-border financial service supplier may employ and who are necessary for, and directly related to, the supply of a specific financial service…”
12 To allow the “creature” of a treaty to modify the treaty under which it holds its existenceviolates the Fundamental Principle of free government. See this paper undersubheading 1 and its endnotes.
13 Our Framers said that if we want the fed. gov’t to have a power the Constitution doesn’t grant, we should amend the Constitution to delegate the additional power – we must not permit it to exercise the power by usurpation. See this paper under the subheading, “Washington’s Farewell Address”.
14 The footnote to USMCA Art. 23.9 says the United States’ existing policies regarding the hiring of federal workers is sufficient to fulfill the obligations set forth in Art. 23.9. We can be sure that the requirements of Art. 23.9 will later be extended to all employment in the United States.
15 Twelve Republican US Senators, by letter of Nov. 20, 2018, urged Trump to send the “Agreement” right away so it could be passed by the lame duck session of Congress by a simple majority vote.
Courtesy of Freedom Outpost
Lawyer, philosopher & logician. Strict constructionist of the U.S. Constitution. Passionate about The Federalist Papers (Alexander Hamilton, James Madison & John Jay), restoring constitutional government, The Bible, the writings of Ayn Rand, & the following: There is no such thing as Jew & Greek, slave & freeman, male & female, black person & white person; for we are all one person in Christ Jesus. She also writes legal and Constitutional commentary at her site: Publius-Huldah
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