Monday, May 13, 2024

The UN Charter is Not a Binding Treaty!

 

LEGAL MEMORANDUM
Is the United States in a Treaty Relationship
with the United Nations?

Questions:

Is any participation and funding of the United Nations (and its subsidiary and/or associated organizations) legal?

Did the 1945 signing of the United Nations (UN) Charter and the US Senate vote authorizing the President’s signature create Treaty obligations binding on the United States?

Was the UN Charter ratified as a Treaty by the US Senate or is it merely a contract between the United States and an international association?

Is the absence of the required deposit of the formal Instrument of Ratification evidence that the UN Charter was not lawfully ratified?

Are the UN Charter and related UN documents (such as the WHO Constitution) binding on State governments under the Supremacy Clause of the US Constitution?

Are the UN Charter and related UN documents binding in any way on the United States?

What binding obligations does membership in the UN (and its subsidiary organizations) impose on the United States?

Was the manner in which then President Harry S. Truman presented the Charter to the US Senate unconstitutional as conceived in deceit, maintained in deceit and thus ultra vires, beyond the power of the President and Senate?

Facts & Law: 

[A] At the end of World War Two the victorious powers negotiated the establishment of a successor to the League of Nations, to be called the “United Nations.”  The UN Conference in San Francisco, in the spring and early summer of 1945, following the defeat of Nazi Germany, adopted the Charter and it was opened for signatures. President Truman was present at the Conference when the US Secretary of State signed the Charter, June 26, 1945. [1]

[B] In Article 110 the Charter requires its ratification:

  1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.
  2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.
  3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states. [2]

[C] Harry S. Truman, the President of the United States, and a former Senator, personally took the Charter to the US Senate asking for ‘advice and consent’ to join the United Nations.

[D] On July 28, 1945 the Senate held a Roll Call vote, as the Congressional Record shows [3]:

The Congressional Record states:

“Two-thirds of the Senators present concurring therein, the resolution of ratification is agreed to, and the treaty is ratified.”

[E] The US State Department, as official Depository, has published a document showing the ratifications of the original members. This excerpt shows the initial US signing of the Charter by the Secretary of State in June of 1945 and the date in August of 1945 when President Truman signed the Charter while he was in Europe at the Potsdam Conference [4].

[F] While the National Archives shows a photo of President Truman signing the actual Charter on August 8, 1945. There is no record of a formal “Instrument of Ratification” on file with the Depository, as required by the Charter itself. [5] [6]

[G] The US Constitution provides, Article VI:

“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”

[H] The Vienna Convention on Treaties (VCLT) defines Treaties as contracts between sovereign states.

” Article 1 – Scope of the present Convention

The present Convention applies to treaties between States.

Article 3 – International agreements not within the scope of the present Convention

The fact that the present Convention does not apply to international agreements concluded between States and other subjects of international law…” [7]

[I] Congress initially adopted the UN Participation Act in 1945 [8] after President Truman signed the Charter.  While the Act provides for an ambassador-rank US Representative appointed by the President with the advice and consent of the Senate it does not authorize US participation in the United Nations.

Discussion:     The United States relationship with the UN is unconstitutional, conceived in deceit, maintained in deceit and is thus ultra vires.

Harry S. Truman assumed the office of President of the United States when President Roosevelt died on April 12, 1945.  Previously he had been Vice-President of the United States and President of the Senate, of which he had been a member prior to becoming Vice-President.

In an unprecedented act, Truman personally presented the United Nations Charter to the US Senate and spoke to the body in favor of participating in the UN. He stated, among other points:

“I am appearing to ask for the ratification of the Charter… in accordance with the Constitution. …  For this is not a static treaty…” [9] (Emphasis added)

Although the President pro tem of the Senate inaccurately characterized the Charter of the United Nations as a “treaty” the President of the United States specified it was not a “treaty.”

This inconsistency suggests that the Senate was misinformed regarding the nature of the document. This situation is further exposed by the US State Department’s official compendium of Treaties in Force [10] which does not list the UN Charter as a Treaty in force.

The Vienna Convention on Treaties is clear: international agreements, such as Charters, are not treaties.

Therefore, by the preponderance of relevant authorities, the Charter is not a treaty. Despite the incorrect use of the word “treaty” in the Congressional Record, UN decisions do not trigger the “Supreme Law of the Land” clause of the Constitution.  The UN Charter was conceived, presented and maintained by deceit.  Any action by the US Government in furtherance of participation is ultra vires and void as unconstitutional.

Thus, State (and local) governments are not bound to follow UN dictates, including those issued by such subsidiary UN bodies as the World Health Organization.

Further, continued participation in the UN and its subsidiary organizations, commitment of resources or public funding of same, on the basis of their alleged “treaty” status, is an unlawful act.

Respectfully submitted,

Ralph Fucetola JD
Attorney at Law: 1971 – 2006

--------------------

[1] http://www.sfmuseum.org/un/signing.html
[2] https://www.un.org/en/about-us/un-charter/full-text
[3] https://www.senate.gov/about/resources/pdf/un-charter-roll-call-vote-1945.pdf
[4] https://2017-2021.state.gov/wp-content/uploads/2019/03/298-UN-Charter.pdf
[5] https://www.trumanlibrary.gov/photograph-records/64-50
[6] https://history.state.gov/historicaldocuments/frus1945v01/introduction
[7] VCLT: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
[8] UN Participation Act of 1945: https://www.govinfo.gov/content/pkg/COMPS-1090/pdf/COMPS-1090.pdf
[9] https://www.trumanlibrary.gov/library/public-papers/69/address-senate-urging-ratification-charter-united-nations
[10] https://www.state.gov/wp-content/uploads/2020/08/TIF-2020-Full-website-view.pdf

Friday, February 2, 2024

Devolution USA

 Devolution USA


Maybe It Is Time to Seriously Discuss Peaceful Devolution USA

Will the United States survive as a highly centralized, bureaucratic nation state? This memo assumes the nation will fracture in the near future. What do Americans really want? Do their choices, and their votes, matter?

Hundreds of thousands of Californians and New Yorkers have ‘voted with their feet’ and moved mostly to Texas and Florida.  Many Texans, for example, want to leave the Union again [1] and become an independent nation again. [2] The USA seems to be coming apart at the seams.

So it might be time to revisit the foundational document of the federal system: the Declaration of Independence.

"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." -- United States Declaration of Independence

For the first time in a century and two thirds Americans face the real prospect of irreparable differences among large geographic areas of the federation. Many fear that we are on an irreversible path toward a civil war between the over-populated coastal urban centers and the food and fuel producing interior regions they depend upon.  

This map shows states supporting Texas’ efforts to secure the international border as the federal authorities fail to do so.

A second civil war would be a struggle for control by the urban elites or autonomy for the interior regions. The electorate appears nearly evenly divided, with no clear majority, although I suspect in 2020 the Regime Uniparty ‘transferred’ about 5 million votes from the Green and Libertarian Parties to put the Biden Remime in power.  It currently looks like the Regime holds all the levers of Federal power... Congress, the presidency and the highest courts are all compromised.

This time it must not be like what happened in 1860/65 when the Federal Government destroyed dozens of American cities and about a million and a half Americans died in the war and subsequent famine (mostly, BTW, former slaves) during a failed attempt to split the Federation. 

Furthermore, the Law of Nations has evolved substantially since the War Between the States, with the right of national self-determination generally trumping ‘recognized’ nation-state boundaries.

Would people support an Institute for Peaceful Secession [the IPS] which would study how peaceful secession and dismantling of the Union could occur?

The Institute could study relatively peaceful examples from history, like the Czechoslovak "Velvet Revolution" and the break-up of the USSR or British Empire.

What would we actually have to do to peacefully replace the United States of America and its authoritarian legislative, judicial, executive/military bureaucracy with true guardians for our liberties? 

Maybe that new structure could be called the American States' Common Market or the New American Confederation.

A new Declaration of Full Independence is needed, clearly protecting those states that choose to move from subservience to federal authority and, for example, gaining power to opt-out of international agencies such as the WHO.

Americans would most likely need a free trade treaty among the States. This could include joint international border controls, but free internal travel and trade for citizens of the States. States with similar policies might form collaborating blocks, coordinating activities. Or they might not. Freedom for individuals and localities should be primary.

That was the original concept of the Confederation that existed before the Constitution of 1787 and is within the purview of the Declaration of Independence which reserves to the people the "...right, [the] duty, to throw off such Government, and to provide new Guards for their future security."

Americans have lived under three separate polities since declaring independence: the Continental Congress [1774 – 1781], the Confederation [1781 – 1789], and the Federation under the Constitution of 1787 [1789 – present]. Planning for a Fourth Republic should not be unthinkable.

The first step toward making a New American Confederal Republic a reality would be studying and publicizing how to do it peacefully.

A bit over twenty-five years ago the arguable most powerful and largest imperial government on earth, that of the USSR, disappeared -- nearly without warning and, surprisingly, with little bloodshed.

Many areas, like Ukraine, which had been part of the empire since the 1700s, became independent nations again.  

It was just a few years before that the head of the Red Army bragged that the "correlation of forces" had shifted decisively to the USSR and against the West.  We all know what happened and the suffering of millions as the old regime collapsed without any planning.  

While the peoples of the former USSR are now much better off than before, it took a quarter century for them to be able to enjoy the freedoms their resistance to Red Tyranny had at least partially regained.

We could face similar horrific hardship unless we plan for the devolution of the Third Republic.

There is already a state-supported body known as the Uniform Law Commission which can serve as a model. It developed the Uniform Commercial Code among other model state laws and is an example of cooperation among the States. [3] 

Another approach would be for those States, like Texas, that are distressed by the CCP-backed Coup of 6 January 2021, when Congress was panicked into approving the stolen election, leading to the current border crisis, to demand the convening of a Convention of the States to revise the Constitution of 1787, as provided in that document. [4] 

That body could reform the Federal System and, perhaps, preserve the Union. While we all hope saner leaders prevail, we must face the historic fact that every nation has changed over time, often in revolutionary ways. What is the average longevity of a Republic?  Even the strongest last just a couple of centuries. [5]

Change will happen.  The alternative to destructive change is preparation -- prepping for the inevitable. 

What basic principles could inspire a movement for the peaceful Devolution USA?

Here are some that might be considered:

1.      Do No Harm; one Civil War was enough.

2.      Keep the national common market with no internal tariffs and external tariffs limited to funding ports and border control.

3.      Common national security based primarily on State forces and militias; maintain the Marines & Space Force.

4.      Common peaceful international relations, no overseas bases, with the States retaining power to opt-out of Federal regulations or treaties and other international agreements that require State action to implement.

5.      Allowing of market-based currencies free from political and central bank manipulation.

6.      Devolve all government activities not explicitly stated in Article One, Section 8 of the Constitution of 1787 from the national government to the States; strictly enforce the 9th and 10th Amendments.

7.      Maintain the Bill of Rights (first ten amendments), the 13th and other personal rights amendments.

8.      Collaboration among the States, without requiring Federal approval.

The Free Republic can be re-imagined for the modern world with its global communications and markets, but only if the stultifying power of the Federal Bureaucracy is abolished.

Comments?

If you are interested in further exploring Devolution USA, please follow this Group on Telegram:  https://t.me/+jjRoN9E9zYdiYjJh

By:  Ralph Fucetola JD
Retired Attorney at Law
ralph.fucetola@gmail.com

----

[1] https://en.wikipedia.org/wiki/Texas_Independence_Referendum_Act 

[2] Texas Declaration of Independence, 1836  https://texashistory.unt.edu/ark:/67531/metapth5872/m1/1071

[3] "The Uniform Law Commission, also called the National Conference of Commissioners on Uniform State Laws, is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states with well-researched and drafted legislation to bring clarity and stability to critical areas of statutory law across jurisdictions"  https://uniformlaws.org/home

[4] https://conventionofstates.com/

[5] https://www.dailysignal.com/2020/02/17/most-world-powers-last-250-years-is-americas-expiration-date-near/

Ver 1.1 / 8Feb24

Thursday, September 21, 2023

Advice for the Globalists


Telling the Globalists Why I Will Not Comply
The Seven Principles of Humane Health Care


At James Roguski’s suggestion I submitted the following email to the Global Public Health Convention Panel.  You may want to submit your comments too.


21 September 2023

Dame Barbara Stocking, Chair
Global Public Health Convention Panel
bms44@cam.ac.uk

Hon. Dame Stocking,

I am taking this opportunity to do as you suggested on September 19, 2023 in your Guest Editorial at Geneva Health Files, with an offer of suggestions to resolve the WG-IHR (Working Group – International Health Regulations) ‘impasse’.

I am a retired lawyer (36 years practice in the USA) and an ordained minister. My area of expertise has been in regulation of natural health products. My website is www.VitaminConsultancy.com.

I am the author of Informed Dissenthttp://www.opensourcetruth.com/informed-dissent-the-book/

I work with an international collaboration of health freedom advocates through Natural Solutions Foundation.

In conjunction with other advocates, we have developed and published The Seven Principles of Humane Health Care.

The document may be found here: http://www.opensourcetruth.com/the-seven-principles-of-humane-health-care/

The Principles are:

Existing International regulations and treaties regarding international, local or personal health must be replaced by the principals of H.H.C. (Humane Health Care), starting with the First Rule: Do No Harm.

1. Public Health: In a humanely functioning society with proper hygiene, sanitation and nutrition, pandemics and wide-spread chronic illness do not occur. Pandemics do not occur in well-functioning societies.
2. Sovereignty: Pandemics and other ‘health conditions’ must not be used as weapons to curtail or eliminate the inalienable personal rights and freedoms of We, the People, nor to damage personal sovereignty and/or national sovereignty.
3. Personal Medical Freedom is essential and guaranteed. Each individual is the relevant stakeholder in preserving his/her health and has the absolute human right to access any health strategy, freely deciding whether or not to consent to, or refuse, any proposed treatment.
4. Informed Consent is the necessary precondition for health freedom; any violation of Informed Consent is both a crime against humanity and against the individual.
5. Informed Dissent: means demanding transparency, open communications and unfettered freedom of speech, which are essential to prevent tyrannical consequences of ‘pandemics-of-convenience’ and widespread chronic ill health.
6. Social Controls Violate both Informed Consent and Informed Dissent and promote pandemics or widespread chronic ill-health. Social controls include lockdowns, Digital ID Passports, Social Credit Scores, social distancing, censorship and so-called “vaccine” mandates.
7. Local Control, in harmony with the above Principles, must form the basis of social governance. Global, private and public-private partnership organizations must remain free of conflicts of interest and be restricted to advisory roles only.

We, the free peoples of the world, showed through our World Wide Demonstrations and Trucker Convoys that we will not comply with tyrannical health impositions such as those contemplated by the IHR amendments. We understand that compliance is death while defiance frees.

I will not comply.   https://PreventGenocide2030.org

Rev. Ralph Fucetola JD

Source: https://substack.com/redirect/d761a67c-3809-4bb8-9a67-739ac063b806?j=eyJ1IjoibDRoM2QifQ.k5QYd2WhiNkPDVVfanHJK_R89oBO6BFU5vhSYLGuVaU

 Also posted:  http://www.opensourcetruth.com/advice-for-the-globalists/

 

Monday, September 18, 2023

I Will NOT Comply: Propagandemic 2.0 Mandates and Restrictions are Unlawful!

 "They" are coming after us again... with unlawful mandates and restrictions...


Although the COVID-19 declared "Pandemic disease" of 2020/22 was proven to be not much more dangerous than the Annual Flu, especially if you take into account that nearly no one died from the 'disease' but millions died from the officially-sanctioned 'treatment' for same and continue to die from long-term adverse reactions to the novel, barely tested, gene-altering 'vaccines'.
 
The restrictions and mandates imposed globally have been shown to have been not just useless, but actually causing harm, especially to young people. Courts around the world are reaching the only just solution:  the lockdowns and restrictions have been unlawful from the start.
 
The World Health Organization -- WHO -- backed by various government 'health' agencies and NGOs, having learned nothing from the disaster over which it presided, wants to double down, adopting draconian regulations for future declared pandemics, manipulating the process of creating a new 'pandemic treaty' and establishing a framework for a world-wide 'vaccine passport' system. Of course their complicit national agencies are preparing more lockdowns and mandates.
 
"They" are telling us that all these failed policies are coming back at us. "They" are telling us we must comply.
 
But we know the truth:  the disaster stopped only when millions of resisters joined together in World Wide Rallies and Trucker Convoys and refused to comply. It took a year for our protests to succeed, but we learned a valuable lesson. 
 
This time we are ready to resist from the start.
 
Compliance kills; defiance frees.
 
Declare that you will not comply here:  https://PreventGenocide2030.org
 
The unlawfulness of the lockdown, restriction and mandate regime is clear.
 
The violations of the universal right to free speech through government--big tech collusion are now well-known. 
 
Recent court decisions in the USA have reinforced that understanding.  Both the trial judge and the first appellate level court agreed to enjoin the Regime's program of instructing media companies as to what truthful information was to be suppressed.  The case is Missouri vs Biden and it will reach the US Supreme over the next few months. The courts took the extraordinary step of enjoining the White House due to the obvious unlawfulness of the Regime's attempts to ignore the First Amendment's pledge to respect freedom of communications.
"On July 4, 2023, Judge Terry A. Doughty issued a preliminary injunction against several agencies and members of the Biden administration from contacting social media services to request the blocking of material, with exceptions for material involving illegal activity. On appeal, the Fifth Circuit Court of Appeals found that there had been some coercion in the government's contact with social media companies in violation of the First Amendment, but narrowed the extent of Doughty's injunction to block any attempts by the government to threaten or coerce moderation on social media..."*
It is my opinion, as a scholar of the Law, that the great legal lession of the declared pandemic is that governments will engage in unlawful behavior anytime they have an excuse.  Eventually the legal system catches-up with legal precedence and government overreach is somewhat restricted.
 
It has been said that "The courts follow the elections..." but I suggest they also hear the shouting in the streets.
 
They will hear I Will Not Comply.
 




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Friday, September 1, 2023

Strolling for Freedom

Expressing Non-Compliance


Just strolling down a sidewalk with some friends can constitute resistance to authority, triggering the anti-First and Second Amendment authoritarian Left. 

That’s what a group of Proud Boys learned during August 2023 in upstate New York. They met one weekend noon and over several hours strolled down the main streets of several nearby towns, carrying flags, including the Stars and Stripes, along with the Gadsden ‘Don’t Tread on Me’ and Proud Boy ‘Laurels’ flags.

The corporate media, echoed by local politicos, tried to spin a ‘peaceful and patriotic’ walk into a continuation of the January 6th ‘Insurrection’. Local citizens’ reaction did not reflect their ‘leaders’ prejudices. They warmly greeted the strollers and during the following few days a number of them spoke favorably about the strollers before local municipal meetings.

Now people across the globe are being told to prepare for another round of useless mask mandates, devastating lockdowns and ‘unavoidably unsafe’ vaccines. 

To freedom advocates this recalls how the lockdowns and other unscientific impositions ended: when people around the world came together in the World Wide Demonstrations, Trucker Convoys and mass refusals to comply the ‘emergency’ ended. Even in totalitarian Red China.

The prospects for the survival of the Republic — “If you can keep it.” — look bleak. Thousands have been criminally charged, or otherwise punished by banks or other state corporatist entities for walking and speaking. 

A number of patriot leaders have been sentenced to decades in prison for protesting what they consider to be a stolen election in 2020, becoming martyrs whose freedom must be a primary demand of the Freedom Movement. The Movement seeks restoration of the freedoms taken during the 2020/22 'pandemic.'

There is a growing consensus in the Freedom Movement that mass action must continue. The call is: “I refuse to comply”

We will not comply with mandates, lockdowns and corporate collusion with government to censor or punish speech. We want an end to war and anti-science corporate ‘health’ care.

Compliance is death.

The unprecedented increase in ‘all cause’ deaths since the vaccine rollout proves that.

Life is in our Great Reject of their Great Reset.

I do not consent. I will not comply.

https://PreventGenocide2030.org

Saturday, May 27, 2023

Informed Dissent -New Book by Counsel Ralph

 INFORMED DISSENT
During the Years of the Declared Pandemic, On the Way to World War Three: 2019 - 2023

https://www.lulu.com/shop/ralph-fucetola/informed-dissent/paperback/product-9nyzn2.html

The ‘pandemic’ started in early 2020 but things were already in motion in 2019, with at least one ‘think tank’ running a simulation scenario in October involving a new pandemic disease that would rapidly spread from a lab in a city in China. Perhaps synchronistically at nearly the same time I gave a paper at the Libertarian Scholars' Conference (King's College, Manhattan) on Informed Consent.  

Our essays begin with that paper, but reach back to cover the disturbing developments regarding vaccine mandates earlier that year.

The following opinion pieces are divided into two sections: Pandemic and Freedom. Within each section they are mostly organized by date.

With Gratitude to:
Rima E. Laibow MD for reminding us: “Don’t You Dare!”
General Bert for telling the world: 
  “Informed Consent is the Defining Issue of the 21st Century” and
James Roguski for coining the phrase: “Informed Dissent”

© 2023 – LifeSpirit   By: Ralph Fucetola JD --     ISBN:   978-1-312-57295-9

Contributor Notes:  Your author is a retired lawyer (36 years practice) and minister.  The opinions expressed in Informed Dissent are those of the Author, not necessarily those of the Institute for Health Research.  

"Informed Dissent means demanding transparency, open communications and unfettered freedom of speech, which are essential to prevent tyrannical consequences of ‘pandemics-of-convenience’ and widespread chronic ill health."

Table of Contents

PART ONE: PANDEMIC,Informed Consent Paper,The Seven Principles of Humane Health Care,Rep. Gottheimer Misunderstands,Tribunals of Conscience,The Great Facebook Purge of 2020,Mandatory Masking and the ADA,New York Lawyers Need a Lesson in the Law,"The Police Power of the State is Not without Limits",An Open Letter to Justin Amash: Speak Out for Informed Consent!,Mind Control and COVID,Martial Law, the US Constitution and COVID-19,Can the USA Survive the COVID Pandemic?,Who is Telling the Truth about COVID-19?,The Good Health Lawyer Obtains Vaccine TRO,Coronavirus and Bioweapons,Deadly Coronavirus from China or CDC?,Call to Veto,NJ Senate Delays Abrogation of Religious Conscientious Objections to Vaccines,Lawyers Against Mandatory Vaccines,The Persecution of Vaccine Conscientious Objectors,Politico Reports:  The "Two Party" System and Vaccine Mandates,Fox News Fake News Vaxx Propaganda Attacks NY Jewish Community,What Measles Outbreak?,Forced Vaccination is a Crime Against Humanity,

PART TWO:  FREEDOM,Libertarians and Nationalists: A New Generation Arises,We are the Resistance to the Great Reset,The Empowered Fear the Powerless,The State of Exception: Tyranny's Theory,The "White Supremacist" Big Lie,Song Review: By God We'll Have Our Home Again,The Meme Wars,Ninth Circuit Ignores Second Amendment,Speaking the Unspeakable:  The First Amendment & Violent Overthrow,Is the End of the USA Unthinkable?,Rubicon or Reichstag at the Capitol?,Was the 2020 Election Legitimate?,Nationalist Libertarianism,Federal Communications Commission Comments,Comments to FCC Regarding Trump Censorship Petition,Trump Issues Internet Censorship Policy Order,Social Media Must Honor Freedom of Speech,

APPENDIX,2019 Informed Consent Paper Slides,General Brief on Behalf of Informed Consent,My Biography,Essay Sources & Dates