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Volume 3 Issue 7-8,
July-August 2001 |
| Unconstitutional origins
of the Endangered Species Act |
| © 2001 Discerning the Times
Digest and NewsBytes |
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By
redefining Article 6 of the US Constitution, all globlists now have
to do is ratify international treaties that, in total, subvert the
Constitution and put all power into their hands. As a consequence,
Americans are systematically coming under the control of
international law and the United Nations, and flies and suckerfish
have more legal rights than people. |
To most
American citizens the Endangered Species Act (ESA), and many other
environmental laws are a noble effort to save species from extinction, and
to protect the environment from reckless destruction by man. The human
tragedy caused by the ESA and other environmental laws is rarely reported,
hence most Americans also do not realize that hundreds of thousands of
their fellow citizens, primarily in rural areas, are needlessly being
stripped of their livelihoods and decimated economically by these laws as
our government uses them to nationalize their property.
The Endangered Species Act of
1973, the granddaddy of all
these anti-human US laws,
derives its authority and power from five international treaties, the most
prominent being the Western Convention. Section 2, paragraph (4) of the
Endangered Species Act of 1973 states; "the United States has pledged
itself as a sovereign state in the international community to conserve to
the extent practicable the various species of fish or wildlife and plants
facing extinction, pursuant to-
- A.
migratory
bird treaties with Canada and Mexico;
- B.
the Migratory
and Endangered Bird Treaty with Japan;
- C.
the Convention
on Nature Protection and Wildlife Preservation in the Western
Hemisphere;
- D.
the International Convention for the Northwest Atlantic
Fisheries;
- E.
the International Convention for the High Seas
Fisheries of the North Pacific Ocean;
- F.
the Convention on International Trade in
Endangered Species of Wild Fauna and Flora; and
- G.
other
international agreements; and...
The ESA even extols
the fact that it cedes sovereignty to the international community by
saying its purpose is to "develop and maintain conservation programs
which meet national and international standards." These
in turn are "key to meeting the Nation's international
commitments." (Bold and italics added for emphasis)
The Western Convention and the ESA
Even if they did not
know of its existence, most Americans who live in rural America will
recognize with alarm some of the key language in The Western Convention
because they have witnessed it being applied in their area through the
ESA. The goal of The Western Convention is to "protect and preserve in their natural
habitat representatives of all species and genera of
their native flora and fauna...in sufficient numbers and over areas
extensive enough to assure them from becoming extinct
through any agency within man's control.... (Bolding and italics added for
emphasis)
Some citizens have
even experienced the ESA horror as it has stripped them personally of their
right to use their own land. Under the ESA, private property can condemned
by the federal government to create the habitat needed, or possibly
could be needed, by an endangered fly, sucker fish or beetle, as well as
more glamorous species like the bald eagle.
The
Western Convention also provides
for the establishment and total protection of National Parks, National
Reserves, Nature Monuments and Wilderness Reserves. Within these
protected areas, Section 4 of the Western
Convention requires
the host nation, "to the maximum extent prudent and
determinable – shall... designate any habitat of such species which is then
considered to be critical habitat." Not surprisingly, in
language identical to the Western Convention, Section 4 of the ESA states, "to the maximum extent prudent and
determinable–shall...designate any habitat of such species which is then
considered to be critical habitat." (Bold and italics added
for emphasis)
According to Article
VIII of the Western Convention, all endangered species "shall be protected
as completely as possible, and their hunting, killing, capturing,
or taking, shall be allowed only with the permission of the
appropriate government authorities in the country." Not surprisingly,
the concept of full protection, critical habitat and takings is also found
in the ESA. Under Section 9 of the ESA, it is unlawful to "take
any" endangered "species within the United States or the
territorial sea of States," or "take any such
species upon the high seas."
If only National Parks, Reserves, Monuments and wilderness areas received
this kind of protection, the treaty would accomplish what most Americans
desire. But, it goes far beyond protecting these political designations.
Article V also includes " the protection and preservation of flora
and fauna within their (the nation's) national
boundaries but not included in the national parks, national reserves,
nature monuments, or strict wilderness reserves.... (bold and italics added for emphasis)
Hence all land, public and private is under the jurisdiction of
this UN treaty through the ESA.
The usurpation of the US Constitution
The UN-administered Western Convention has provided the hammer for
denying landowners of their property rights in the US by superceding the
Fifth Amendment of the US Constitution:
....No
person shall be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use, without just compensation. (bold and italics added for
emphasis)
Most if not all of US environmental natural resource laws have their
authority derived from Article VI of the US Constitution, not Article I
that defines the eighteen enumerated powers of Congress. Article 1,
Section 8 of the United States Constitution states:
Congress shall have power to:
- Collect
Taxes and Duties
- Borrow
Money
- Regulate
Commerce
- Naturalize
Citizens
- Coin
Money
- Punishment
of Counterfeiting
- Build
Post Offices & Post Roads
- Promote
Inventions
- Constitute
Lower Courts
- Punish
High Seas Offences
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- Declare
War
- Raise
an Army
- Provide
a Navy
- Make
Rules for Military
- Call
Militia and Suppress Insurrections & Invasions
- Organize
and Arm Militia
- District
of Columbia
- To
Make All Laws for Above Powers, and Powers Vested by the
Constitution
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According to the US Constitution, Congress has no power to legislate anything
other than in the eighteen areas listed above, and none of those allow
Congress to pass environmental law, except number 18, which is defined in
Article VI, Clause 2:
This
Constitution,
and the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the
Land; and the Judges in every State shall be bound thereby, any
Thing in the Constitution or Laws of any State to the Contrary
notwithstanding. (Bold and italics added for emphasis)
As it was originally written, the Constitution was the supreme law of the
land. The laws of the United States had to be "in pursuance
thereof," or subservient to the Constitution. Likewise, treaties
could only be made "under the Authority of the United States."
Since the authority of the United States comes from the sovereign people
who delegated it to the US Constitution, treaties also had to be
subservient to it.
Although the founders thought it obvious and therefore did not include it
in the original US Constitution, the sovereignty of the people was spelled
out in the first ten amendments to the Constitution. For instance,
Amendment IX states, "The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained
by the people." Just to make sure future courts understood
this, Amendment X states, "The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
It was the people's ironclad contract that they would never become serfs
to the state. (Bold and italics added for emphasis)
Needless to say, the US Constitution stopped the globalists from
implementing their one-world plan dead in their tracts. They knew
that something had to be done to override the sovereignty of the
individual. In the case of property rights and natural resources,
international treaties were used. The Constitution began to be
reinterpreted in the case Missouri vs. Holland 252 U.S. 416, 40 S.
Ct. 3822, 64 L.Ed 641 (1920). In that decision the US Supreme Court held
that the federal government may preempt state control over wildlife under
federal legislation implementing the Migratory Bird Treaty. By putting
liberal and corrupt judges into lower courts and the Supreme Court,
Article 6.2 of the Constitution was gradually reinterpreted to mean:
...all
Treaties made, or which shall be made, under the Authority of the
United States, shall be the supreme Law of the Land...
Such an interpretation fits perfectly within the globalist’s agenda. By
redefining Article 6 of the US Constitution, all globlists now have to do
is ratify international treaties that, in total, subvert the Constitution
and put all power into their hands. As a consequence, Americans are
systematically coming under the control of international law and the
United Nations, and flies and suckerfish have more legal rights than
people. "Although they claimed to be wise, they became fools and
exchanged the glory of the immortal God for images made to look like
mortal man and birds and animals and reptiles." (Romans 1:22-23)
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