California Bill Pushes U.N. Treaty

by | Sep 6, 2004 | POLITICS

Surely this is not what the Framers of our Constitution had in mind during creation of the 10th Amendment, “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” California, in serious breach of political boundary and […]

Surely this is not what the Framers of our Constitution had in mind during creation of the 10th Amendment, “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

California, in serious breach of political boundary and protocol, and as shining example of yet another liberal legislative absurdity, has brought forth a bill that manages not only to circumvent U.S. congressional and executive authorities, but also, simultaneously, spit at the entire notion of American sovereignty.

On its way to the governor now is Assembly Bill 358, a measure introduced in Feb. 2003 by Democrat Assembly Member Hannah-Beth Jackson as a means of upholding the principles of the United Nations’ very own Convention on the Elimination of All Forms of Discrimination Against Women. The shock here is this: CEDAW, a so-called “Bill of Rights” for women worldwide, has never achieved U.S. ratification.

Lawful bill? Yes — California certainly has the right to enact measures distinct and separate from the federal government and even, in strict constructionist fashion, dismiss, disdain or at least battle those U.S. congressional impositions onto the states that fall into the 10th Amendment category of “not delegated to the United States.” But at issue here, too, is the intended spirit of the 10th Amendment, and it would be a hard sell to prove the Founding Fathers saw fit to provide a means for the separate governments to shrug off heavy federal interference yet left open the idea of substituting international influence in the form of a treaty as a guide for creating and shaping state legislation.

This is just what California’s A.B. 358 seeks to do — to ignore the Constitution’s Article Two, Section Two clause granting only the president and Senate authority over treaties by implementation of principles in a global contract that has yet to be approved by the federal branches of government. What’s even worse is the bill alludes to its own unnecessary existence.

“Existing law prohibits discrimination and harassment based on sex and gender in housing and employment. Existing federal law provides that no person on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance,” the legislative counsel’s digest portion of A.B. 358 reads.

So even while recognizing state and federal governments already outlaw discrimination against women, this bill nonetheless blazes forth its support of the CEDAW, insisting California’s three departments of corrections, education and health services, as well as the Commission on the Status of Women, use this U.N. treaty as a “framework

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Cheryl K. Chumley is a columnist who writes for <a href="http://www.abetterearth.org/">www.abetterearth.org</a>.

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