General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSince when can Congress pass laws that strip federal & state courts of constitutional powers?
...that strips the entire American judicial system of jurisdictional and appellate authority?
...and subjects democratically elected federal, state, and local governments to the whims of a secret, corporate tribunal which is exempt from from observation and appeal?
If You Want To Know Why The TPP Is A Terrible Idea, Look At NAFTA's Chapter 11 Here
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3700905
Trading Democracy - A Bill Moyers Special on Nafta Chapter 11
http://www.pbs.org/now/transcript/transcript_tdfull.html
http://www.pbs.org/now/politics/tradingdemocracy.html
How Constitutional is NAFTA?
http://economyincrisis.org/content/how-constitutional-nafta
msongs
(67,347 posts)Faryn Balyncd
(5,125 posts)...from judicial oversight as well.)
Since the executive & legislative branches have the authority to make & ratify treaties, if this is to be interpreted to mean that they are free to nullify any and all conflicting federal, state, local laws, and strip federal and state courts of their constitutionally delegated powers, that would have pretty broad ramifications:
If, for example, some future president and Congress were to make and ratify a treaty authorizing any number of things illegal or unconstitutional under our legal system (to take it to its logical conclusion, say, for example, re-authorizing slavery, or requiring compensation for slaves, or requiring the return of slaves to their masters), then under this reasoning, this future president and Congress could legally accomplish this simply by making and ratifying an international treaty which included some obscure clause specifying this, and this would be "the law of the land", irregardless of whether such treaty violated American law, and that furthermore, all that is needed to strip the judicial branch of any say in the matter is to include a clause in the treaty that gives that authority to a secret, private tribunal which is exempt from judicial oversight by the terms of the treaty.
Is that what you mean?
truedelphi
(32,324 posts)truedelphi
(32,324 posts)That is why it was named the NAFTA TRADE AGREEMENT!
This is totally unconstitutional, but what can mere citizens do?
Faryn Balyncd
(5,125 posts)I did not realize it wasn't even a treaty.
woo me with science
(32,139 posts)This is not democratic.
It is not "centrist."
It is not even "conservative."
This is subversion of our Constitutional government. This is corporate fascism coming at us from all directions now.
Through the TPP.
Through a monstrous surveillance state.
Through "kill lists" and indefinite detention and trashing of due process.
Through assaults on journalism.
Through assaults on whistleblowers.
Through assaults on protesters.
Through private prisons and a profit motive for imprisoning human beings.
Through the sick propaganda machine that now pervades our media and the internet,
And through endless corporate predatory policies that suck profit from war and human misery.
Congress and the White House have NO right to do it, but they are trashing the Constitution before our eyes.
geek tragedy
(68,868 posts)to get around the constitution.
Not good to see it so prominent here, to say the least.
Glassunion
(10,201 posts)There is money and lots of it to be made.
Money = Election Winners
Money = Votes in Congress
Money gets you Power. Power gets you more Money. More Money gets you more elections, votes in congress, and more Power...
Wash, Rinse and Repeat if desired.