A Treaty Without Senate Approval? What Does This Herald For Our Republic by Janet Phelan

Janet Phelan A Treaty Without Senate Approval What Does This Herald For Our Republic Phelan

By Janet Phelan

FEBRUARY 22, 2023

With all the alarming verbiage incorporated into the proposed amendments to the WHO International Health Regulations and into the proposed pandemic treaty, one glaring anomaly strikes the eye like a shard of glass.

Apparently, the current draft of the proposed pandemic treaty has a clause which decimates the normal progression of approval and ratification by a member state. In the US, treaty adoption requires a couple of steps. First, it must be signed by the President. Following this, it must be presented to the Senate for a ratification resolution.

The proposed pandemic treaty, known as the Zero draft, does an end run around these checks and balances. Here is from Article 35, which proposes a mechanism for “provisional acceptance” sans formal ratification.

1. The WHO CA+ may be applied provisionally, in whole or in part, by a signatory and/or Party that consents to its provisional application by so notifying the Depositary in writing at the time of signature of the instrument, or signature or deposit of its instrument of ratification, acceptance, approval, formal confirmation or accession. Such provisional application shall become effective from the date of receipt of the notification by the Secretary-General of the United Nations.

In other words, the legislative body is cut out of the approval process and this becomes a cozy deal between —in the case of the US — Tedros and Biden.

There has been growing concern that the legislative powers granted to Congress are being gutted by an impetus to lodge more and more power in the Executive Branch. In fact, the legislative function is being rendered ineffective by 1) the refusal of the Executive to enforcé existing law and through 2) the concept of “judicial immunity,” which allows the judiciary enormous discretion to ignore existing law and to “legislate from the bench.” The real power centers are now the Oval Office and the courts. More and more, the legislature is reduced to window dressing.

If indeed the pandemic treaty, which is so controversial and has resulted in a flurry of negative publicity and response, gets cemented through this overturning of established procedure of checks and balances, then we can indeed stop warning about the coming of totalitarianism. It would be here.


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