-Caveat Lector-

Excerpt:

"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 U.S.
Constitution, treaties also had to be subservient to it. "



Unconstitutional origins of the Endangered Species Act

Michael Coffman, Ph.D.

http://eco.freedom.org/el/20010901/mike.shtml

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
U.S. 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...." (Bold 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 be condemned by the federal government to create the habitat
needed, or that 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 U.S. Constitution

The UN-administered Western Convention has provided the hammer for denying
landowners of their property rights in the U.S. by superseding the Fifth
Amendment of the U.S. 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 U.S. environmental natural resource laws have their
authority derived from Article VI of the U.S. 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:

* 1.Collect Taxes and Duties
* 2.Borrow Money
* 3.Regulate Commerce
* 4.Naturalize Citizens
* 5.Print Money
* 6.Punishment of Counterfeiting
* 7.Build Post Offices & Post Roads
* 8.Promote Inventions
* 9.Constitute Lower Courts
* 10.Punish High Seas Offences
* 11.Declare War
* 12.Raise an Army
* 13.Provide a Navy
* 14.Make Rules for Military
* 15.Call Militia and Suppress Insurrections & Invasions
* 16.Organize and Arm Militia
* 17.District of Columbia
* 18.To Make All Laws for Above Powers, and Powers Vested by the Constitution

According to the U.S. 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 U.S.
Constitution, treaties also had to be subservient to it.

Although the founders thought it obvious and therefore did not include it
in the original U.S. 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 U.S. Constitution stopped the globalists from
implementing their one-world plan dead in their tracks. 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 of
Missouri vs. Holland 252 U.S. 416, 40 S. Ct. 3822, 64 L.Ed 641 (1920). In
that decision the U.S. 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 U.S. 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))



[Forwarded For Information Purposes Only - Not
Necessarily Endorsed By The Sender - A.K. Pritchard]

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A.K. Pritchard
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"If the Constitution is to be construed to mean
what the majority at any given period in history
wish the Constitution to mean, why a written
Constitution?"

--Frank J. Hogan, President, American Bar Assn. (1939)

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