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On January 17, 1961, Dwight D. Eisenhower, President
of the United States of America, Supreme Commander of Allied
Forces in Western Europe during WW II, military commander of
NATO, and President of Columbia University, after forty-six years
of public service, presented to the Nation his farewell address
as its President. In this address President Eisenhower stated
that the basic purpose of our government is to keep the peace,
foster progress in human achievement, and enhance liberty, dignity
and integrity among people and among nations. However, at the
time, President Eisenhower was concerned that there were forces
at work in the Nation, in contradiction to these noble goals.
To warn the American people about the nature of these forces
President Eisenhower stated, "In the councils of government,
we must guard against the acquisition of unwarranted influence,
whether sought or unsought, by the military-industrial complex.
The potential for the disastrous rise of misplaced power exists
and will persist. Only an alert and knowledgeable citizenry can
compel the proper meshing of the huge industrial and military
machinery of defense with our peaceful methods and goals, so
that security and liberty may prosper together."
President Eisenhower, although justified in his concerns,
was short-sighted in describing them. The real threat to liberty
and democracy in America, at the time, was not the military-industrial
complex, but more accurately something far more reaching; the
corporate-governmental complex or more appropriately described,
the union of government and corporate forces to an extent where
corporate influence is the dominant force in American politics
at the expense of the Nation and its citizens. This was the real
threat that existed as President Eisenhower spoke and this threat
has achieved it goals and purposes to such an extent that our
Nation is, at present, being torn between those still blindly
loyal to what was our government and those all too aware of what
is happening.
The fundamental concept adhered to by our founding fathers
in drafting our Constitution was that our government would be
a government of the people, by the people and for the people.
At the time, large corporations did not exist. The only institutions
of significance around were the people, the government, and the
press. The press, served as a source of information for the people
and a watchdog of government. The Constitution was drafted in
keeping with these political realities and served the Nation
well for almost 200 years. The problem we now face today is that
the situation is such that multinational corporations, through
wealth and wealth asso-ciated influence, are able to control
most governments of the World, including ours. Our founding fathers
never envisioned or considered the rise of corporations as a
political force in the World and the fact that they would grow
so large that their power and influence would exceed that of
governments and transcend national boundaries.
Is this really true? Truth is a matter of perception, but
these perceptions are validated over and over again by the actions
of the Federal Government and its officials. For example, prior
to the enactment of NAFTA, when asked about the loss of U.S,
sovereignty under NAFTA, President Clinton responded, "If
we're going to ask Mexico to give up a little sovereignty, why
shouldn't we give up a little too?" These words spoken by
President Clinton are both shocking and revealing. First of all,
the sovereignty of our Nation belongs to its people. The President
of the United States, more than any other individual, is duty
bound to protect it at all costs. Instead, he believes that he
can barter it away like a loaf of bread or some other commodity.
The concept that sovereignty can be bartered and traded like
a commodity is one that serves only the interests and purposes
of multi-national corporations at the expense of the people of
this Nation. A president who maintains he has authority to barter
away our sovereignty and does so, is not working in our best
interests, but subscribing to the agenda of multinational corporations.
On April 8, 1996, on the first page of The New-Journal from
Daytona Beach, Florida, an article appeared under the headline:
"U.S. balks at signing anti-corruption pact". This
article starts out by explaining how corporate executives and
government officials with overseas assignments have snickered
at our efforts to eliminate bribery and corruption in inter-national
business. The article goes on to explain that twenty-one member
nations of the Organization of American States, recently signed
a treaty to crack down on such shady practices, but the United
States of America, declined to join them because the Justice
Department has reservations about the constitutionality of the
treaty's provisions. Specifically, it takes issue with the requirement
to make it a crime for a government official to acquire assets,
"that he cannot reasonably explain in relation to his lawful
earnings during the performance of his functions". The Justice
Department objects to this requirement because it appears to
shift the burden of proof from the government to the suspect,
contrary to U.S. Constitutional requirements.
When an individual is hired into the Public Service or elected
to public office, the public is placing in that person a special
trust; to no longer think and act to benefit ones self, but rather
think and act only for the common good. If a person holding public
office or working for the government acquires assets beyond those
he is able to obtain through his lawful earnings, then clearly
he has violated the public trust and having done so, should forfeit
all assets so gained including the lawful earnings associated
with the office or position he held. This latter requirement,
at first, may seem extreme, but is it? After all, if when working
for the public, I instead work for myself, am I not taking the
salary I was paid under false pretenses?
Apparently the Justice Department doesn't think so and instead
maintains that the Constitution precludes those serving the public
from being accountable. How ironic that a document who's prime
purposes are to protect the people from government and make it
accountable, is used by the Justice Department to ensure that
government employees are not accountable. How did this absurdity
come to pass? Perhaps, if the situation was such that government
employees could not unlawfully enrich themselves, then the reach
of multinational corporations into government would be reduced.
More specifically, how could multinational corporations maintain
control of the World Trade Organization, if ways of illegally
enriching delegates is eliminated? Is the Justice Department
of the United States of America subscribing to the hidden agenda
of multi-national corporations? If not intentionally, they certainly
seem to be doing so inadvertently.
During the NAFTA debate, a Congressional Representative stood
up and declared that the business of America is business. This
may be true for the private sector. However, the business of
government is not business. The business of government is governing.
Business and governing do not mix well because the prime purpose
of government is ensure that the playing field is level for everyone.
On the other hand, the primary goal of a business is to gain
advantage on competitors. When government and business mix, the
result is bad business and very bad government. When this occurs,
the rich and powerful win and the losers are small businesses
and citizens.
******
In November 1994, the house of representatives passed GATT.
Until this point, I did not believe that the passage of an agreement
of this nature was possible. However, when the House of Representatives
passed GATT, I woke up and wrote the following letter to the
Editor of Newsweek Magazine.
The United States of America is a sovereign nation and as
such is autonomous and free of external control. Under GATT,
trade disagreements would be subject to binding arbitration with
the World Trade Organization being the arbitrator. In other words,
in matters of world trade, under GATT, the United States of America
will have lost its sovereignty.
No government official has the right or authority to place
this Nation, its Constitution, and its people subservient to
any other governing body or authority and anyone that does so
is selling out democracy and committing an act of treason.
******
After writing this letter, I wrote an open letter to the President,
Congress, and People of the United States of America.
December 1, 1994, is a day that will live in infamy because
on that day Congress wrongfully and illegally enacted as United
States Law, the General Agreement on Tariffs and Trade (GATT).
As a result, Congress has invalidated our Constitution, reduced
our Nation to less than sovereign status, violated the democratic
principles we hold dear, and sold out the people of America.
Furthermore, Senators and Representatives that voted for GATT,
did so in contradiction and violation of their Pledge of Allegiance.
Under GATT, trade disagreements involving United States Law
are subject to binding arbitration with the World Trade Organization
(WTO) being the arbitrator. In other words, in matters of world
trade, the WTO is sovereign to the United States and that organization
has veto power over the actions of Congress. The World Trade
Organization is not a democratic institution. Its member states
include dictatorships and communist nations each having one vote
equal to the one held by the us. Therefore, under GATT, communists
and dictators, acting in consort, have the power to override
United States Law.
The Constitution of the United States of America states that
all legislative Powers shall be vested in Congress and that Congress
shall have the power to regulate commerce with foreign Nations.
Under GATT, this is no longer true because Congress is now subservient
to the WTO in matters regulating commerce with foreign Nations.
Therefore, the Congressional vote for GATT is illegal because
it is in violation of our Constitution's provisions. The changes
wrought by GATT must be made by constitutional amendment and
not a simple vote of Congress.
Our pledge of allegiance states that we "pledge allegiance
to the flag of the United States of America and to the Republic
for which it stands". Webster's New World Dictionary of
the American Language defines "Republic" as "a
state or nation in which the supreme power rests in all citizens
entitled to vote". The member nations of the WTO are not
citizens of the United States and they certainly are not entitled
to vote in our elections. Despite this, Congress has voted to
give the WTO veto power over our laws. This being so, the democratic
principles that underpin our government have been compromised
and this Nation is no longer a "Republic". Therefore,
the individuals responsible for this state of affairs have violated
their pledge of allegiance to our Nation and citizens.
In my opinion, the flag of the United States of America should
no longer be displayed in the halls of Congress and instead,
should be replaced by a World Trade organization banner. I further
propose that this banner be green with a large black dollar sign
displayed within its center. This WTO banner will require a new
"Pledge of Allegiance" and I propose that Congress,
in honesty and candor, adopt the following:
I pledge allegiance to the banner of the World Trade organization
and to the Money for which it stands,
gleaned from many Nations,
subjugated,
with liberty and justice for the rich and powerful.
May God help us and forgive our Congressional Representatives.
Their actions have made a mockery of our democratic way of life
and ensured that all veterans who have the paid the ultimate
price in the service of their country, have died in vain.
******
Congressman Peter Deutsch responded to my open letter as follows.
Thank you for taking the time to contact my office regarding
the Uruguay Round of the General
Agreement on Tariffs and Trade. I appreciate your interest in
GATT and respect your position.
The Uruguay Round of the GATT, signed on December 15, 1993
by the United States with 116 other countries, is the result
of seven years of bipartisan cooperation and has been negotiated
under the stewardship of three successive U.S. Administrations.
The intent was to level the playing field of international trade
by creating a more fair, comprehensive, and enforceable set of
world trade rules. In order to accomplish this goal, a new World
Trade Organization (WTO) was created.
Although some say that the WTO compromises U.S. sovereignty,
I reject that notion. Only the U.S. Congress has the authority
to change U.S. law. Both parties have worked to ensure that Congress
retains its legitimate authority by monitoring the evolution
of the WTO and protecting the interests of the U.S. The President
and Senator Dole, have agreed to support a WTO Dispute Settlement
Review Commission comprised of five Federal appellate judges
who would review all adopted WTO panel reports which are adverse
to the U.S. If the Commission determines that the panel has decided
unfairly, any Member of Congress could call on the President
to negotiate a solution in the WTO. If three determinations are
made within any five year period, any Member of Congress could
introduce legislation to end US participation in the WTO.
Now is the time for the United States to take leadership in
international trade. The U.S. negotiators engaged in this laborious
effort to reach an agreement that would prepare the American
economy for the rigors of competition in the global market. The
U.S. economy overall will gain tremendously by opening markets
abroad because the U.S. is open to other countries' imports while
other nations have a long history of blocking the importation
of foreign goods through high tariffs. The most conservative
estimates show that GATT will add revenue to the U.S. GDP of
around $100 billion a year after implementation.
Florida in particular stands to gain from GATT. As the eighth-leading
exporter of merchandise, Florida's exports nearly doubled from
$7 billion to $14.7 billion between 1987 and 1993. The South
Florida region recorded 1993 export sales of over $9.5 billion;
almost two-thirds the state total. GATT should benefit South
Florida's economy through increased exports of goods to other
nations. South Florida is a winner under GATT.
Again, thank you for sharing your views. Please contact my
office should any further issues or concerns arise.
******
I responded to Representative Deutsch as follows.
The most disturbing aspect of the Congressional vote for GATT
is that Congress does not recognize the serious implications
of the situation we now find ourselves in. Approximately 200
years ago, the American Revolution gave birth to a new nation
unlike any other in history. The auspicious beginning of the
great and noble experiment that was the United States of America
began with a shout and report heard around the world and now,
in a lame duck session of Congress, the experiment has ended
with hardly a whimper.
You say you reject the notion that the WTO compromises U.S.
sovereignty for essentially the following reasons:
1. Congress retains the power to change U.S. law under GATT.
2. Both political parties have worked to ensure that Congress
retains its legitimate authority under the Constitution.
3. Mechanisms have been developed to protect U.S. interests
under GATT.
4. The option to end our participation in GATT precludes having
given up our sovereignty.
Webster's New Collegiate Dictionary defines sovereignty as,
"having supreme power free of external control". Webster's
New World Dictionary of the American Language defines sovereignty
as "being supreme in power, rank, or authority independent
of all others". Under GATT, despite the efforts of both
political parties, despite the existence of a Settlement Review
Commission, despite the provision that if the WTO Panel decides
unfairly the President may negotiate a solution, and despite
the provision that Congress has the option of ending our participation
in the WTO, the indisputable fact remains that the United States
of America is no longer a supreme power independent of all others
and free of external control. Under GATT, we are not sovereign
in matters of world trade and if we are not sovereign in world
trade, then we are not sovereign.
These truths are self-evident and thus the Congressional vote
for GATT was an earth shaking development. Congress, on the other
hand, treated the sovereignty issue as an insignificant rider
on a trade bill. This is disturbing and highly suspicious. An
issue of this import requires far more attention than it was
given and most Congressmen being attorneys know this. The democratic
principles that underpin our Nation have been compromised by
a simple vote of Congress for a claimed gain of $100 billion
to our GDP. Is this the price of our Republic and democratic
heritage?
The obvious truth of the matter is that under GATT, the United
States of America has lost its sovereignty and is no longer a
republic. Therefore, the vote for GATT was illegal and unconstitutional.
Issues of sovereignty can only be addressed by Constitutional
amendment.
I sincerely hope that Congress recognizes the mistake it has
made and properly revisits the sovereignty issue raised by GATT
as provided for in Article V of our Constitution.
******
Senator Bob Graham responded to my open letter as follows.
Thank you for contacting my office regarding international
trade.
In June 1993, Congress cleared legislation extending President
Clinton's authority to negotiate a treaty strengthening the General
Agreement on Tariffs and Trade (GATT). Negotiators from 117 countries
reached a consensus in the Uruguay Round of the GATT on December
15. On April 15, 1994, U.S. Trade Representative Mickey Kantor
signed the GATT agreement in Marrakesh, Morocco, on behalf of
President Clinton.
The latest GATT negotiations are aimed at expanding trade
among the participating nations by reducing tariffs and ensuring
market-access commitments. These actions will help spur worldwide
economic growth, increase employment, and minimize protectionism.
On November 30 and December 1, the Congress reconvened in
a special session to debate and vote on the GATT. The Senate
approved the GATT with my support, 76-24, on December 1, 1994.
The United States has proven that it will continue to provide
global leadership in terms of an open, effective, competitive
market system that provides expanded opportunities for people
throughout the world.
I appreciate knowing your views on this important matter and
will keep them in mind should the Senate revisit any related
issues.
******
Representative Connie Mack responded to my open letter as follows.
It was good to hear from you regarding the Uruguay Round of
the GATT trade negotiations. I appreciate hearing your concerns.
Many GATT countries provide heavy government subsidies and
impose significant tariffs. These trade practices hurt American
jobs, and we should explore all opportunities to break down these
trade barriers. The American worker is the most productive worker
in the world, and has always excelled on a level playing field.
Certainly, the United States should only enter into this agreement
if it enhances America's competitiveness and serves our national
interests.
I have several concerns about this agreement, one of which
is the World Trade Organization (WTO). According to the Uruguay
Round agreements, the WTO would administer global trading rules
and settle disputes among member nations. The United States played
an important role in negotiating these provisions; yet some still
express uncertainty about how WTO decisions might affect the
United States. Although the GATT implementing legislation makes
it clear that the United States maintains full authority to establish,
amend or change its own federal and state laws, Congress must
approach this issue cautiously and with careful analysis.
Be assured, I will keep your thoughts in mind. When the agreement
comes before the Senate for ratification, it will have my support
only if it's in the best interest of the United States and of
Florida.
Again, thank you for contacting me about this important issue.
Knowing how you feel on key issues helps me better represent
Florida in the United States Senate.
******
Vice-President Al Gore responded to my open letter as follows.
Thank you for writing to me to express your concerns about
the new Genera Agreement on Tariffs and Trade and the World Trade
Organization (WTO). I appreciate your interest in this important
issue.
As you know, on December 15, 1993, this country successfully
concluded negotiations with more than 110 other nations on the
most comprehensive trade agreement in history. This agreement,
by eliminating barriers to American goods and services around
the world, will mean new jobs, higher incomes for American workers,
and a strengthened position of leadership for our nation in the
global economy.
The criticisms raised against this important agreement and,
specifically, the establishment of the WTO, are unfounded. Contrary
to critics of this specific aspect of the agreement, the WTO
does not affect the sovereignty of the United States to pass
its own laws, to enforce existing laws or to set its own strong
environmental, safety, or health standards. This authority remains
firmly vested in the United States Congress. In fact, our sovereignty
is enhanced, because a substantially improved and more effective
dispute settlement system will permit us to enforce rights under
the GATT more effectively.
The new dispute settlement process under the WTO includes
effective measures for containing subsidies and for dealing with
abuses of anti-dumping provisions. For example, under the previous
terms of GATT, when the United States won cases, it was very
difficult to reap the benefits. Other countries regularly blocked
adoption of reports which they deemed adverse to their interests.
The new agreement will, for the first time, permit sanctions
for failures to implement panel recommendations. Because the
United States brings more cases to the world body than any other
country, we will be the biggest beneficiaries-of this agreement.
Finally, the WTO not only continues, but strengthens the process
of operating by consensus rather than by majority vote. No substantive
changes in the rights and obligations of the United States can
occur under any of the WTO's provisions unless the United States
agrees.
This Administration is committed to continuing the process
of opening markets abroad for American goods and services under
this new agreement. With the recent approval of the GATT by an
overwhelming bipartisan vote of the Congress, we have ensured
America's active participation in a thriving global economy.
******
I responded to Vice-President Gore as follows.
I acknowledge receipt of' your identical letters of December
13 and 17, 1994, in response to my letters of November 30 and
December 5. 1994. I am forced to conclude that you have not read
this staff written form letter because if you had, I am sure
you would have not allowed it to be mailed. The letter is the
epitome of deception and sophistry and the author is not qualified
to hold public office much less be Vice President of the United
States of America.
From this point, I will write under the assumption that you
wrote the letter in question, even though I am sure you did not.
In your letter you maintain that:
1. The elimination of' trade barriers around the world will
result in higher pay for American workers.
2. Our participation in GATT will result in a strengthened
position of' leadership for our Nation in World Trade.
3. Under GATT and the World Trade Organization, our sovereignty
is enhanced.
4. The GATT agreement, for the first time, will permit sanctions
for failures to implement panel recommendations.
In 1949 George Orwell wrote "1984" and in that year
many of us were amused that his predictions had not come to pass.
How ironic that just ten years later, the Vice-President of'
the United States of' America would resort to classic Orwellian
logic to justify a trade bill that is the death knell of' our
republican democracy and the onset of a world oligarchy of wealth
where the rich and powerful reign Supreme.
I understand that the United States his one vote in the WTO
equal to every other member nation with no unconditional right
to veto WTO rulings. You confirm this in statement #4, when You
point out that GATT will permit sanctions for a nation's failure
to implement WTO panel
recommendations. This being so, how is it possible for you to
maintain in statement #3 the sovereignty of our Nation is enhanced.
Webster's New World Dictionary of the American Language defines
sovereignty as "being supreme in power, rank, or authority,
independent of' all others". If the WTO can impose sanctions
on nations that fail to implement its recommendations, then by
definition, the WTO is sovereign over its member nations. To
deny this truth, a new definition of sovereignty is required.
Perhaps Mr. Orwell can help you in this regard.
If under GATT, we have one vote in the WTO without the option
of an unconditional veto, how can you maintain in statement #2
that our position of leadership in world trade is strengthened?
It logically follows that if a nation joins an organization with
the power to impose sanctions upon its members, then "leadership"
has been surrendered to that organization. A sanction is a strong
tool for providing direction and whoever provides direction is
the leader. Under GATT, as a member of the World Trade Organization,
we are just one of the crowd in an organization where a majority
of the membership view us as a nation that has had too much for
too long. It is doubtful that we will be an effective leader
in such an environment.
The standard of living of the American worker is among the
highest in the World. In contrast the vast majority of the World's
workers are virtual slaves to their employers; earning barely
enough to provide their families with the essentials of life.
If all tariffs and barriers to trade are lifted, the American
worker will be in level competition with the low paid workers
of the 3rd World who greatly outnumber him. This being so, logic
and basic economics tell us that the tendency will be for the
American worker to be pulled down to the salary level of the
3rd World worker and not the other way around. To maintain that
this situation is to the benefit of American workers and thus
our Nation is shear sophistry. George Orwell wrote that "War
is Peace", "Freedom is Slavery", and "Ignorance
is Strength". Now you and our Congressional leadership have
added to these Orwellian truths that "Less is More".
In his inaugural address, Abraham Lincoln stated that if we
"Continue to execute all the express provisions of our National
Constitution, the Union will endure forever it being impossible
to destroy it except by some action not provided for in the instrument
itself". It should be obvious to any informed individual
that not only was the vote for GATT not provided for in our Constitution
but worse, the GATT vote grievously violated several Constitutional
provisions to such a degree that the Constitution has been rendered
dysfunctional.
Historically, our government is unique to the World because
it was founded unequivocally upon the rule of law; the primary
instrument of which is our Constitution. This being so, the legitimacy
and validity of our government is contingent upon the principals
of governing embraced by our Constitution and faithfully following
its precepts. This is especially true in regard to the limits
and balance of powers granted to the government's Executive,
Judicial and Legislative branches.
The principles embodied within our Constitution are best expressed
by our Declaration of Independence which states that:
"We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their creator with
certain inalienable rights, that among those are life, liberty
and pursuit of happiness. That to secure these rights, governments
are instituted among men, deriving their just powers front the
consent of the governed."
Therefore, according to the Declaration of Independence, citizens
have inalienable rights that no government can legitimately take
away and government rules by consent of the governed within the
limits and constraints established by them. These two fundamental
principals of American republican democracy enshrined within
our Constitution guarantee our inalienable right to life, liberty,
and the pursuit of happiness. Without them our ship of state
is rudderless, adrift upon an uncharted sea and we at the mercy
of tyrants.
Keeping the above principals in mind, our founding fathers
drafted the Constitution and wrote its preamble which reads:
"We the People of' the United States, in order to form
a more perfect Union, establish ,justice, insure domestic tranquillity,
provide for the common defense, promote the general welfare,
and secure the blessings of liberty to our selves and our posterity,
do ordain and establish this constitution for the United States
of America."
Our founding fathers went on to provide that all legislative
powers granted by the Constitution will be vested in the Congress
of the United States and that judicial power shall be vested
in the Supreme Court whose authority shall extend to all cases
in law and equity including controversies between a State or
its citizens and foreign states, citizens or subjects.
The Declaration of Independence and the Constitution clearly
establish that the government of the United States derives its
power from the will and consent of' its people. Our Constitution
states that Congress shall establish the laws we live under subject
to review of the Supreme Court which is also supreme authority
in disputes involving foreign nations. The Constitution does
not give Congress authority to subject our laws to review or
censure by any other governing body especially an undemocratic
and foreign one such as the World Trade Organization. Furthermore,
the separation of powers established by the Constitution preclude
Congress from placing the ruling panels of the World Trade Organization
superior to the Supreme Court of the United States. It is beyond
comprehension that the United States Congress has usurped the
authority and powers of the Judicial branch of our government
and surrendered this authority and power to an external foreign
organization through a simple vote on a trade bill.
On September 19, 1796, the Father of our Nation, President
George Washington, in his farewell address to the American people
said, "Against the insidious wiles of foreign influence,
the jealousy of a free people ought to be constantly awake since
history and experience prove that foreign influence is one of'
the most baneful foes of republican government. The Great Rule
of' conduct for us in regard to foreign nations, is in extending
our commercial relations, to have them as little political connection
as possible." The 103rd Congress of' the United States has
not only ignored George Washington's advice, but compounded this
mistake by surrendering to foreign control. It is highly ironic
that this illegal and oligarcal state of' affairs has been brought
about by two national parties which call themselves Republican
and Democrat.
In consideration of' the fundamental principles that underpin
our republican democracy, it is clear that the 103rd Congress
by enacting GATT in a fast-tracked lame duck session, has overstepped
the authority given to it by the American people as provided
for in our Constitution and therefore, has acted contrary to
the will of' the American people. Furthermore, these actions
have violated the underlying principles and structure of' our
Government to such a degree that the Constitution has been rendered
an ineffectual scrap of' paper, without validity or substance.
This constitutes a change in our system of government and a surrender
of the American people to foreign control.
I have provided you with my perceptions on GATT and the World
Trade Organization. I am human and therefore, fallible. Not only
may I be wrong about these issues, but I fervently wish I were
wrong. However, the more I dwell on these matters, the more I
am convinced I am right. Therefore, Mr. Vice-President, I beseech
you and your cohorts in Congress who voted for GATT to explain
to me and my fellow Americans why I am wrong.
******
Congresswoman Ileana Ros-Lehtinen responded to my open letter
as follows. Her letter was a refreshing change from the ones
received thus far.
Thank you for contacting my office to oppose the implementing
legislation for the General Agreement on Tariffs and Trade (GATT),
H.R. 5110.
I agree with you.
I opposed this legislation based on a broad range of concerns
including its impact on our
manufacturing jobs, state and local sovereignty, our health and
safety laws, and our environmental protection laws.
I am concerned that GATT will set up an international super
government known as the World Trade organization (WTO) to enforce
this agreement which is dominated by nations which have voted
against U.S. interests in the United Nations. Two-thirds of WTO
members voted at least half of the time against the U.S. in the
U.N. during 1993.
But unlike the United Nations, where the United States has
veto power in the Security Council, the United States will have
the same voting power as Cuba, or Sri Lanka, or Macao. In other
words, Castro's vote cancels out our own vote. The U.S. would
have only one vote out of 123 nations while paying up to 20 per
cent of the costs of the WTO.
Again, I appreciate your taking the time to let me know your
concerns on this important issue.
******
Representative Bill McCollum responded to my open letter as
follows:
Thank you for contacting me regarding the General Agreement
On Tariffs and Trade (GATT).
As you are no doubt aware, the GATT Agreement passed the House
of Representatives by 288 to 146 and the Senate by a margin of
76 to 24 and has been signed by the President. As you may also
be aware, I voted in favor of approving this agreement.
In my judgment, as with NAFTA, the GATT Agreement will be
of great benefit to the economy of the United States and a net
job producer for Americans. By lowering tariffs and other trade
barriers which currently impede the export of may goods produced
in the United States, the GATT Agreement will create more jobs
at home. Since we have lower tariffs and fewer trade barriers
to most foreign made goods than other countries have to our goods,
GATT should be very favorable to the United States.
The major concern expressed by those opposing GATT centered
on the World Trade Organization (WTO) and the possible implications
for the sovereignty of the United States under the dispute resolution
provisions of the WTO. I carefully examined the agreement and
the implementing provisions regarding this matter and found the
concerns expressed about the WTO and the dispute resolution process
to be generally unfounded.
Under the old GATT if the United States violated the conditions
and terms of the agreement, the country offended by this could
unilaterally take retaliatory trade action against the United
States by raising its tariffs on some products that we export
to that country or refusing some products that we export or whatever.
Under the new GATT and the WTO the same is still true; however,
there is a dispute resolution organization which is designed
to issue advisory opinions as to who is right or wrong in a claimed
violation. This dispute body is much like an arbitration panel
which will hear both sides of an argument that the United States
(or another country) has violated the agreement. If this WTO
dispute panel determines that there has been a violation an advisory
opinion or ruling will be issued but it has no practical weight
or effect. There are no fines or
penalties that the United States or another country in violation
will have to pay. The country found in violation of the agreement
is supposed to work out a settlement with the offended (injured)
country within a short time period, but there are no sanctions
for not doing so. If no settlement is reached between the disputing
countries, the country that has been offended by the violation
may, just as it could under the old rules, raise tariffs or take
other trade sanctions against the offending country. In most
cases this does not mean anything and does not happen.
Some have suggested that decisions of the dispute settlement
body of the WTO would force states of the United States to change
their laws. This is simply not so. There is no breach of the
United States sovereignty involved at all in any of this since
none of it is binding in any way. Of course, Congress could at
any time decide to adjust laws of the United States if a majority
of the House and Senate concluded that such changes were in the
best interest of our nation, but this would take a separate debate
and vote on a new piece of legislation addressing whatever problem
might be deemed to be interfering with some trade relationship.
This could have occurred under the rules that have existed all
along in GATT or from bilateral trade relationships in the past
between our nation and others long before any GATT existed.
There are some provisions passed by the Senate in the implementing
language for GATT with which I do not agree. These were not,
however, part of the agreement itself and can be changed at a
future date by a vote of the U.S. House and Senate without any
effect on our trade relationships or this agreement. I hope that
such legislative changes are initiated in the new Congress, and
I will be fully supportive of them should this be the case. None
of these implementing provisions were so egregious that I thought
a vote against GATT was warranted (especially since a no vote
on GATT may have doomed it from ever being ratified).
Again, thank you for contacting me to express your concerns
with respect to GATT. I greatly appreciate your interest and
hope that you will contact me on other matters of interest to
you in the future.
******
Senator Bob Graham wrote me a second time about my open letter
as follows:
Thank you for contacting my office regarding international
trade.
In December 1993, negotiators from 117 countries reached a
consensus on the Uruguay Round of the General Agreement on Tariffs
and Trade (GATT). On November 29 and December 1, 1994, the Congress
reconvened in a special session to debate and vote on GATT. The
Senate approved the GATT with my support, 76-24, on December
1. The Uruguay Round will reduce tariffs and create a more enforceable
set of world trade rules.
Included in the Uruguay Round Agreements is a provision which
establishes the World Trade Organization (WTO). Under the previous
GATT agreement there was no simple way to settle disagreements.
The WTO will provide a streamlined process of settling disputes
between member nations, ensuring that U.S. companies and workers
will be able to compete fairly with the rest of the world.
Some Floridians have contacted my office to express their
concerns that the WTO might infringe upon U.S. or state law.
U.S. Trade Representative Mickey Kantor, has assured Congress
that the WTO will have no power to overturn state or federal
law. Any decision to amend U.S. law will remain ours alone to
make.
Furthermore, the Clinton Administration is expected to support
legislation next year to establish a WTO Dispute Settlement Review
Commission. This commission would consist of five federal appellate
judges, who would review all decisions adverse to the U.S. to
determine whether the WTO exceeded its authority.
I appreciate knowing your concerns on this important matter
and will keep them in mind should the Senate revisit any related
issues.
******
Senator Connie Mack responded to my open letter as follows.
Thank you for your letter about the Uruguay Round of GATT
trade negotiations. I appreciate hearing from you.
As you know, GATT was approved by the Congress and signed
into law on December 8, 1994. I voted for the agreement because
it enhances America's competitiveness and assures continued economic
growth. This agreement encourages free trade around the world
which I firmly believe promotes democracy.
Not only is GATT good for America, but it clearly benefits
Florida with lower tariffs for our exports. GATT will create
opportunities by stimulating the development of new jobs and
new businesses throughout our state. I am convinced that this
agreement is in the best interest of the United States and of
Florida.
Again, thank you for contacting me about this important issue.
******
Representative Martin T. Meehan responded to my open letter
as follows.
Thank you for contacting me to express your views on the World
Trade Organization (WTO). I appreciate hearing from you on this
important issue.
I am sure you are aware that I voted for the GATT agreement
when it came before Congress last November. The GATT accord is
expected to generate more than $200 million dollars in added
revenue over the next ten years. Increased international trade
is one of the major engines driving U.S. economic growth, and
I am certain that this GATT agreement will advance American economic
interests.
Before voting for the GATT, I studied the implications of
the new WTO, an organization intended to help resolve tariff
disagreements among countries with Most Favored Nation (MFN)
status. Under previous trade law, when the United States accused
another country of "dumping" goods in our markets or
subsidizing its exports to gain competitive advantage over our
products, we had no means of enforcing compliance with fair trade
rules. As I understand it, the WTO gives us the authority to
punish countries in violation of an order to stop unfair dumping
or offset government subsidies.
Several amendments to the legislation passed along with the
GATT agreement last November were added to address concerns about
the WTO's effect on U.S. sovereignty. These amendments seek to
ensure that WTO panel appointees are well-qualified and unbiased
experts, that the president is kept informed of any changes to
WTO panels, and that written complaints to be resolved by the
WTO be published in the Federal Register. The implementing legislation
also included provisions to preserve our federal and state environmental
safeguards. The changes firmly establish the preeminence of our
state and national environmental standards over international
trade rulings by the WTO.
I will continue to weigh the evidence carefully in the coming
months. I am aware of the arguments that some critics have made
regarding the impact of the WTO on our country's sovereignty.
However, the changes made in Morocco and the amendments to the
implementing legislation prevent GATT rules from overriding American
law, and our government's authority remains notwithstanding the
WTO.
Again, thank you for taking the time to get in touch. I will
take your views into consideration as the debate on the GATT
continues.
******
I responded to Representative Meehan's letter as follows.
Since enactment, I have been writing government officials
concerning the constitutionality of the congressional vote for
GATT and our participation in the World Trade Organization. I
have not received a response that mitigates my concerns, identifies
flaws in my reasoning, or demonstrated that any of my conclusions
are in error. Unfortunately, this is also true for your recently
received August 15th letter which I found deceptive and logically
flawed. If your letter is the best justification you can muster
for voting for GATT, then this is truly sobering.
You maintain In your letter that:
1. The GATT accord will advance American economic Interests.
2. Under previous trade law, we had no means of enforcing
compliance with fair trade rules.
3. The WTO gives us the authority to punish countries not
complying with fair trade rules.
4. Amendments passed with GATT address sovereignty concerns
by:
a) Ensuring WTO panel appointees are well qualified.
b) Ensuring the President is informed about changes to WTO
panels.
c) Establishing preeminence of our federal and state environmental
safeguards over GATT rulings.
In regard to item #1.
I assume your conclusion that GATT will advance American economic
interests results from reasoning similar to that used to conclude
NAFTA would advance American economic interests. This line of
reasoning, proven flawed for NAFTA, is also flawed for GATT.
To wit; a level playing field where American workers compete
against the World's peasantry, while beneficial to multi-national
corporations, is not in the best interest of the American worker
or this Nation. This truth, obvious to most Americans, seems
to escape GATT supporters.
In regard to item #2.
It is not true that we had no way of ensuring fair trade before
GATT. Among other things, we could refuse to trade with nations
that did not trade fairly, levy tariffs to protect at risk industries,
and extend or withhold Most Favored Nation status as an inducement
to responsible behavior. Under GATT, any action taken against
a wayward trading partner can be reversed by a WTO ruling. How
anyone can construe this situation to be to our advantage is
beyond the comprehension of anybody but a GATT supporter.
In regard to item #3.
Your assertion that GATT gives as authority to punish countries
not complying with fair trade rules focuses upon the very heart
of my concerns about GATT and the WTO. I am appalled that GATT
supporters fail to comprehend the dire implications evident here.
As a sovereign nation, no one gives us authority for anything.
To be sovereign means you are the authority. To acknowledge an
organization exists which gives us authority, means you acknowledge
being subservient to that organization. Your own words have confirmed
that by voting for GATT, Congress has surrendered its authority
and the authority of the Supreme Court to an external foreign
organization.
In regard to item #4.
Your statement that amendments passed with GATT address the
WTO's effect on our sovereignty, clearly demonstrate your lack
of knowledge about GATT and your inability to understand the
concept of sovereignty. Ensuring that GATT panel appointees are
wall qualified and that the President is informed about changes
to WTO panels does nothing to address issues of sovereignty.
Furthermore, Article XVI, paragraph 5, of the GATT agreement
states, no reservations may be made in respect to any provisions
of this Agreement. This being so, amendments passed by Congress
will not, as you maintain, establish the preeminence of state
and national environmental standards over GATT rulings. The bylaws
of the WTO preclude us from passing laws that limit its authority
over United States law.
I am at a loss to understand why GATT supporters are so enamored
about the concept of "fair trade", that they are willing
to sacrifice the sovereignty of our Nation to achieve it. What
is fair trade? From my perspective, trade is fair when both parties
trade of their own free will without deception. Do we need a
World Trade Organization to achieve this? Whatever happened to
the concept of free trade. How free will trade be when it is
controlled by a bunch of faceless bureaucrats meeting in secret
behind closed doors? If this setup is your conception of what
is best for the United States and the rest of the World, I think
you should reassess your commitment to the concepts of freedom
and democracy.
As a Congressman you swear to uphold and defend our Constitution.
Your vote for GATT abridged the voting rights of Americans and
subordinated Congress and the Supreme Court to the ruling panels
of the World Trade Organization in flagrant and gross violation
of the provisions of our Constitution. Arguments to the contrary
offered to date by Congress and the office of the Vice-President
are, without exception, flawed and trivial. This being so, assuming
Congress and the White house are not peopled by mental deficients,
one is left with the conclusion that a hidden agenda is at play.
That being the ease, it follows that our Government is engaged
in a deception of the people they are pledged to serve and protect.
I fear for my Nation and its people. I am also appalled we
paid you so well to do this to us.
******
Representative Meehan forwarded my letter to him to Representative
Alcee L. Hastings, the Congressional Representative from my home
District and he wrote me as follows.
Your letter to Congressman Meehan regarding GATT was forwarded
to me because you live in Florida's 23rd district, which I represent.
I welcome the opportunity to respond.
You will be pleased to learn that I did not support the GATT
agreement. I voted against the treaty because of my concern for
the security of American laborers and American businesses. I
do not, however, agree with you that joining the World Trade
organization is a violation of the Constitution.
Thank you for contacting me to express your position. If I
may be of assistance to you in the future please do not hesitate
to contact me.
******
It was gratifying to know that Representative Hastings welcomed
the opportunity to respond to my letter to Representative Meehan.
The only problem was he did not provide much of a response. Because
of this, wrote back as follows.
Thank you for your response to my letter to Congressman Meehan
and offering to be of assistance to me in the future. I am desperately
in need of assistance at this time.
I am gratified that you did not vote for GATT but am perplexed
by your belief that our joining the World Trade Organization
does not violate provisions of the Constitution. From my perspective,
the Constitution has been so clearly and grievously violated
that anyone knowledgeable about the facts of the situation could
not, in good conscience, conclude otherwise. You are a lawyer,
former judge, and my Congressional representative. This being
so, you may be the best person to help me and my fellow Americans
out of the dilemma we now find ourselves in.
I hold an undergraduate degree in Aerospace Engineering from
the University of Michigan and an MBA from Long Island University.
I am an honorably discharged veteran who served his country as
a Navy Fighter Pilot. Presently, I am a Public Servant who takes
his responsibilities seriously and in the course of my duties,
drafts ordinances for consideration and enactment. In other words,
I am an educated and well-read person, conservative in outlook,
who loves his country dearly, but who is also deeply troubled
by legal implications and precedents established by the GATT
accord. My feelings in this matter are so deep and strong that
I have a hard time not seeing GATT supporters as violators of
their oath of office and their pledge of allegiance to this Nation.
I do not want to believe these things because they leave me troubled
and upset, but no government official has responded to my concerns
in a reasonable and intelligent manner. The official position
seems to be, your wrong because we say you are wrong and we know
best because we are the government. Therefore, be quiet and don't
ask any more questions.
I will not be quiet because I believe I am right and cannot
convince myself otherwise. Further-more, I cannot accept a government
that does not answer to the people of this Nation no matter how
big and strong that government thinks it is. I am writing as
a concerned citizen on behalf of all the people of this Nation
and that makes me bigger and stronger than any government. This
truth is what America is about.
My perceptions are that the GATT accord is unconstitutional
because:
1. Article 1, Section 8, of the Constitution gives Congress
the power to regulate commerce with foreign Nations.
The GATT accord surrenders the power of Congress to regulate
commerce with foreign Nations to the Ruling Panels of the World
Trade Organization.
2. Article 19, Section 2, of the Constitution states that
the judicial power of the United States shall extend to all cases
in law and equity arising under the Constitution including controversies
to which the United States shall be a party, treaties made or
which shall be made, and controversies between a State and foreign
states.
The GATT accord surrenders the judicial power of the Supreme
Court, in these matters, to the Ruling Panels of the World Traded
Organization.
3. Amendment XV, Section 1, states that our right to vote
shall not be abridged.
When we vote, we determine who will represent us in Congress
and establish the rules and laws we live by. The GATT accord
subordinates Congress and the Supreme Court to the Ruling Panels
of the WTO as described above. Therefore, in matters of world
trade, we no longer vote for the people who establish the laws
we live under and thus our voting rights have been abridged.
If the words above accurately portray the situation that presently
exists in regard to our Constitution and the GATT accord, as
I believe they do, then anyone should see that the GATT accord
is unconstitutional. Thus the basis of my dilemma. I wish I were
wrong about this but cannot find a way to dismiss the hard cold
facts of the situation without unreasonably modifying the definitions
of the words being used. Please help me and my fellow Americans
by providing an explanation as to why you believe the GATT accord
does not violate the three Constitutional provisions listed.
A detailed response from you will be more am appreciated,
I do not sleep very well anymore.
******
Representative Meehan apparently decided to acknowledge receipt
of my letter to him and mailed me the following:
Thank you for contacting me to express your concern with my
position on the World Trade Organization. I am sorry that we
seem to disagree on this important issue. Representing the views
of 30,000 constituents is often a difficult task. I try to ensure
that my position on issues reflects the majority opinion in my
district.
Again, thank you for getting in touch. Although we disagree
on this issue, I think we share an important commitment to the
integrity and economic health of the United States. Please feel
free to contact me again on this or any other matter of concern
to you.
******
I do not believe Representative Meehan and I share an important
commitment to the integrity and economic health of the United
States, so I wrote him again about my beliefs.
Thank you for your letter.
I realize the last thing you want is a response to that letter
and I apologize for writing again, but the issues we are addressing
are so important that a response is necessary.
I applaud your efforts to ensure that your views reflect the
majority opinion in your district. However, I believe you have
failed in this regard as far as your support for GATT is concerned.
I believe that the GATT accord is clearly unconstitutional and
that any informed and unbiased individual would agree with this
conclusion. Neither you nor any other government official has
been able to demonstrate why this is not the case. Furthermore,
I seriously doubt that a majority of your constituents would
support or condone your voting to abridge their right to vote
by subordinating Congress and the Supreme Court to the Ruling
Panels of the World Trade Organization.
The GATT accord violates Article 1, Section 8, of the Constitution
by surrendering the power of Congress to regulate commerce with
foreign nations to the WTO, violates Article III, Section 2,
by surrendering the judicial power of the Supreme court concerning
trade matters to the WTO, and thus has also violated Amendment
XV, Section 1, by abridging the voting rights of all Americans.
In the course of doing these terrible things we have agreed to
abide by the rules and rulings of an organization of many nations,
many of which have governments of a questionable nature, where
we have one vote and no right to veto, where the by-laws specifically
provide for giving developing nations favorable consideration
and treatment, where the ruling authorities meet in secret behind
closed doors, and where we have agreed to pay 20% of all operating
costs at a time when this Nation is essentially bankrupt and
must borrow money to be a member. All of the foregoing being
true, I would have to be extremely niaeve to believe that your
constituents support your position. The GATT accord is so flagrantly
un-American and anti-American that one is hard pressed not to
wonder if we have just lost a war and that the accord was forced
upon us by the victors as punishment.
I would like to think we share an important commitment to
the integrity and economic health of the United States, but in
all honesty I am not sure you do. Being a GATT supporter makes
you a globalist and being a globalist, in my opinion, you are
willing to compromise the economic health of this Nation, to
enhance the economic health of the nations of the World which
you perceive as ultimately being in the best interest of this
Nation. Admittedly, this may be a noble goal and I will not fault
you in this regard, but the ends do not justify the means. GATT
was passed by a simple majority vote on a trade bill in a lame
duck session of Congress and its passage changed the nature and
form of our government. No matter how noble the goals, the Congress
of the United States of America has no authority to change the
nature and form of our government other than by amending the
Constitution.
My responsibilities as an American are to be loyal to my country
and obey its laws. I and my fellow Americans expect nothing less
from our National leaders. Unfortunately, by enacting GATT Congress
has violated the highest and most sacred laws of this Nation.
This being so, how can you or any GATT supporter claim to hold
a commitment to the integrity of our Nation? Adherence to the
law under the Constitution is the essence of our integrity.
******
Finally, Representative Hastings wrote to me as follows:
Thank you for your follow-up letter to me regarding the General
Agreement on Tariffs and Trade (GATT) and the World Trade Organization
(WTO). I am sorry that you were disappointed with my vote in
favor of the GATT treaty.
Frankly, you raise some very legitimate constitutional issues
regarding GATT. While I am not convinced that the United States
should withdraw from the treaty (as you know, there is a two
year withdrawal period), you certainly have given me much to
think about. It would not surprise me if a court agreed to consider
just such the arguments that you have made.
My commitment to free and fair trade worldwide is unwavering.
I still think treaties such as GATT and the North American Free
Trade Agreement will benefit not only the United States but all
countries who participate. It is a win-win situation for the
U.S. economy and therefore our citizens. While we continue to
analyze the impact of GATT, I assure you that I will keep your
views in mind when other trade legislation is considered before
the House.
Again, thank you for your letter. I deeply appreciate hearing
your view on this important issue. With kind regards, I remain,
Sincerely, Alcee L. Hastings, Member of Congress.
******
In Representative Hasting's first letter, he wrote, "You
will be pleased to learn that I did not support the GATT agreement.
I voted against the treaty because of my concern for the security
of American laborers and American business." In his latest
letter Representative Hastings writes, "I am sorry that
you were disappointed with my vote in favor of the GATT treaty.
It is a win-win situation for the U.S. economy and therefore
our citizens."
From Mr. Hastings letters, one can conclude he cast two GATT
votes; one for and one against the agreement. Furthermore, from
his letters, it also appears that Mr. Hastings does not consider
American laborers to be citizens and American business as being
part of the U.S. economy. Although arguments concerning GATT
received from Vice-President Gore and members of Congress are
not so obviously contradictory and convoluted as those offered
by Mr. Hastings, upon analysis, they are just as absurd.
On January 11, 1996, I wrote the following open letter to
the People of this Nation.
Since enactment of the General Agreement On Tariffs And Trade
(GATT) in December of 1994, establishing the United States of
America as a member of the World Trade Organization (WTO), a
war of words has been waged by a small minority of Americans
about the implications and consequences of WTO membership. No
government official has provided a reasonable response to the
issues raised about GATT and all arguments offered by the accord's
supporters have been faulty and illogical.
A claim has been made that GATT has changed the nature and
form of our government. GATT supporters downplay this assertion
as posturing which, unfortunately, is not true. The GATT accord
is truly a monumental development that has significantly changed
the nature and form of our government. This is shocking, but
the most alarming aspect of the situation is that Americans are
unaware of what has happened because the implications of this
change have been ignored by the media. So much for the concepts
of an informed electorate and balanced reporting. The purpose
of this letter is to provide you with the truth and offer suggestions
about how to change our lamentable situation.
GATT is the ultimate 'red herring'. It is not possible to
reconcile World Government with our Constitution, so Globalists
posture that GATT is a simple trade agreement in our best interest,
Nothing is further from the truth. GATT is a dagger that pierces
the heart of our Constitution and surrenders the American people
to foreign control. We have heard little about GATT since passage
because of the outrage expressed by some Americans. The Globalist
strategy is to lie low and bide time to minimize public reaction.
Unfortunately, if ignored, the WTO's march toward World domination
will continue and eventually consume us. GATT, therefore, must
be repealed.
What is wrong with the advent of World government? If properly
constituted and embracing the principles and safeguards within
our Constitution, World government may be worth considering.
However, the WTO is not property constituted and the provisions
of its charter are such that it appears as if this Nation has
just lost a war and GATT was forced upon us as retribution by
the victors. As a member of the WTO, we have one vote in an assembly
of many nations with no veto. Thus the voice of the 249 million
Americans is equal to that of Cuba, Korea, Iran or any other
small member nation. Furthermore, the by-laws of the WTO provide
for giving developing nations favorable consideration over the
interests of developed nations. Finally, adding insult to injury,
Congressman John L. Mica, informs us that we must pay 20% of
the operating costs of the WTO at a time when our Nation is insolvent
and must borrow to meet our commitment.
Supporters claim that the GATT will level the playing field
of international trade by eliminating protectionist measures
and thereby increase trade, economic growth, employment and wages.
However, they conveniently ignore that the reason a nation embraces
protectionist measures is to protect economic interests within
its borders. Therefore, while the WTO may improve the overall
economy of the World, it is reasonable to conclude that our economy
will suffer. A level playing field where American workers compete
with the low paid workers of the 3rd World is not in the best
interest of the United States. We have only to look to NAFTA
to understand the truth of this statement.
Assuming that reduced protectionism will be to our benefit,
why do we need the WTO to achieve it? According to GATT supporters,
the WTO's enforcement mechanism is needed to ensure that other
nations eliminate protectionist measures. Left unexplained is,
if elimination of protectionism is so beneficial, why must it
be forced upon other nations? Assuming an enforcement mechanism
within the WTO is to our benefit, are the alleged gains worth
the inherent sacrifice of our sovereignty? GATT supporters maintain
that despite the existence of an enforcement mechanism, no sovereignty
has been lost. Unfortunately, in order to accept this, it is
necessary to change the definition of sovereignty and toss conventional
wisdom into the trash bin. Under GATT the loss of our sovereignty
is real and substantial.
Vice-President Gore maintains that GATT does not affect the
sovereignty of the United States to pass and enforce laws or
to set its own environmental, safety and health standards. This
is true, but the Vice-President fails to add that by adopting
GATT, we have agreed to ensure that our laws and standards conform
to those of the WTO. Vice-Present Gore also maintains that under
GATT, our sovereignty is enhanced because a substantially improved
and more effective dispute settlement system will permit us to
enforce rights under GATT more effectively. This statement is
unsettling and I am appalled that Vice-President Gore fails to
understand its implications. First of all, sovereignty cannot
be enhanced. Either you are sovereign or you are not. Secondly,
a sovereign nation asks no one for permission. If an organization
exists that gives permission, it is sovereign to those receiving
permission.
Finally, Vice-President Gore maintains that no substantive
changes in the rights and obligations of the United States can
occur under any of the WTO's provisions unless the United States
agrees. This statement is also true, but again left unsaid is
the fact that by joining the WTO we have agreed to always agree.
The truth of the matter is that by joining the World Trade Organization,
Congress has turned itself into its rubber stamp. How GATT supporters
fail to see a loss of sovereignty in this is inexcusable.
Our Constitution is a living document that survived the test
history. Many Constitutional provisions are subject to interpretation
and in the past, Congress has done so for understandable and
justifiable reasons. For example, the 2nd Amendment states that
our right to bear arms shall not be infringed. While these words
are clear, no one maintains that they have a right to own and
bear heat seeking missiles or nuclear warheads. We accept infringement
of the right to own such destructive weapons for the obvious
common good. The strength of our Constitution is its flexibility
which allows Congress to meet the needs of a changing society.
The problem with GATT is that it has stretched the Constitution
beyond its limits to a point where its validity has been compromised.
A fundamental principle of our Constitution is that "We
the people of the United States", establish our government
to provide for our common needs and protect our common interests.
In keeping with this, we elect Congressional representatives
to enact the laws we live under and the President and Vice-President
to lead us. Our supreme judicial authority is the Supreme Court;
which is staffed by judges appointed by the President and confirmed
by Congress. These branches of Government serve as a check upon
each other in the legislative process. Congress passes the laws,
but they can be vetoed by the President if not passed by a two-thirds
majority or declared unconstitutional if challenged and brought
before the Supreme Court. Under GATT, these relationships no
longer exist.
The World Trade Organization was established to regulate World
trade and has the authority to impose sanctions upon members
that do not comply with its rulings. The authority to impose
sanctions is the keynote consideration that precludes GATT from
being a simple trade agreement and turns the WTO into a governmental
authority. By joining the WTO we have agreed to ensure that all
existing and future United States laws conform to its laws, regulations,
and administrative procedures. By so agreeing, the actions of
Congress have been subordinated to those of the WTO and our Supreme
Court subordinated to the WTO's Ruling Panels. In consequence,
the citizens of this Nation been detached from their lawmakers
and a significant body of law governing us no longer falls under
Supreme Court jurisdiction.
Our membership in the World Trade Organization is in gross
and flagrant violation of Article 1, Section 8, of the Constitution
which establishes Congress as legislative authority for this
Nation and Article 111, Section 2, which establishes the Supreme
Court as this Nation's highest judicial authority. Therefore,
the Fifteenth Amendment, which states that the right of citizens
to vote shall not be denied or abridged has also been violated.
This state of affairs clearly constitutes a significant change
in the nature and form of our government and for the first time
in history, we are
governed by legislation passed without representation. It is
absurd that a change of this magnitude came to pass from a simple
vote on a trade bill in a lame duck session of Congress. Congress
has no authority to change the nature and form of our government
other than by amending the Constitution. |