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Getting DMCA Locked In Through The Backdoor
pugugly writes "Findlaw's Writ has an interesting editorial (By a student) on the quietly signed Singapore-U.S. Free trade agreement, set for fast-track approval (Limited debate, no amendments). It has a clause in it requiring the signatories abide by DMCA provisions. Among other things, this could theoretically this would remove that annoying judicial oversight from the picture."
they do it all the time, constantly. The speed by which they implement it is up to them. Gun rights? We are under UN disarmament rules right this second, they just choose to do it slowly to avoid revolt. Kennedy signed it, IIRC. I could google for it-the actual obligations- now but need to go to work, late as it is. There's probably someone from CATO or wherever here who recalls the exact details.
And the supreme court DOESN'T have to take any cases they don't want to,ever, and gunrights cases-and some other political hot potatoes- are always noticeably lacking in their schedule, and have been for years now.
Now personally I think the over-all "treaty" aspect with the UN is seriously illegal and flawed, but that sure doesn't matter to them, it's in place, up and running, and both major parties support it,which is the MAIN point, and beyond just a small handful of Reps,centered around ron Paul, there's no move to remove us from the UN.
We're also under several overlapping "states of emergency" which skew and blur the distinctions of "constitutional government" severely.
It goes all the way back to Lincoln, and tons of other shenanigans, but it's in place, up and running, some serious inertia there. Originally, the main idea was severely limited and delineated powers to the federal government, now it's totally reversed, the federal government ACTS as all-powerful, and gives it's "permission" to the states and local governments and individual people to even have any "rights", just very few people really want to acknowledge that fact in reality, it's too easy to cling to any notions that you have "rights".
Want easy to see proof? Asset forefeiture with no crime conviction, or even an arrest in a lot of cases. Get caught with many thousands cash on you, it can be seized, you must "prove" it's yours and garnered lawfully, and it's up to any individfual cop to decide on the spot, and you ain't saying boo to them about it, that's easy enough to find many cases of. Random "courtesy checkpoints". Try saying "no you don't,I don't have to stop for you and get searched with no probable cause, I have a 4th...", that's as far as you'll get before you get pepper sprayed in the face in a lot of cases, and if you attempt to drive away they will ram you with their cruiser or shoot you or something. A large standing army. Private bank debt notes being used as legal tender by the government. Lots of examples.
IIRC the constitution allows for treaties - article 6:
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, anything in the Constitution or laws of any State to the contrary notwithstanding.
In fact, one of the classic tactics used, is if you can't pass it in the US, pass it abroard, and sneak it into a treaty! A lot of countries are looking to relax their "war" on drugs, but cannot, as they are tied in to Hague and Geneva drug conventions passed back in 1912/1925.