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I am pleased, especially two days before Christmas, to again show where our Senator, Mark Warner, the one up for re-election in 2014, yes that one, is on the wrong side again.  Today it’s the Disabilities Treaty!

I have written on this treaty before.  It’s a BAD UN (redundant!) treaty.  It will indeed affect the rights of parents, will require us to give an annual report to foreigners and to report on our compliance to the same group.  That violates the Constitutional provision that it is the Supreme Law of the Land (Article VI – other than the Bible most dear of course) and thus we owe no report to foreigners.  It would be a cold day in hell before the US would be accountable to foreign agencies if I had my way about it.

I am pleased first to say that BOTH Tennessee senators are now on record as being opposed to this treaty:  Both Corker and Alexander.

Frist said U.S. Sens. Bob Corker and Lamar Alexander are wrong to oppose the U.N. Convention on the Rights of Persons with Disabilities because it will not conflict with United States law, including the 1990 Americans with Disability Act. Frist said the treaty is “non-self-executing,” meaning it cannot create a legal cause of action or be the basis of a lawsuit.

Non-self executing only means that officially the treaty is not to be the basis for a legal right.  It means it needs a positive law to establish a legal right.  But what about existing laws?  Non self-executing will not stop judges and bureaucrats from trying to use it.  Arguing that it is a international law norm (that means no treaty is technically necessary to find new “rights”).  Asserting that laws need to be enacted to “protect the kids” from selfish homeschooling parents (see the now withdrawn Ohio law that would have required inter alta that homeschooling parents to get approval from social services personnel.  Using this treaty to establish regulations “consistent with” it?

Don’t take my word on it, Senator Frist!  Try this little gem from a portion of the UN’s website:

4.6 Personnel Training

Rule 19 in The Standard Rules on the Equalization of Opportunities for Persons with Disabilities stipulates that States are responsible for ensuring the adequate training of personnel, at all levels, involved in the planning and provision of programmes and services concerning disabled persons. States should also see to it that all authorities providing services in the disability field give adequate training to their personnel. When developing training programmes, States should consult organizations of persons with disabilities. Disabled persons should be involved as teachers, instructors or advisers in personnel training programmes. On a regional level, the regional commissions of the United Nations should also provide for personnel training.

The training of community workers is also of great strategic importance. It should involve disabled persons and include the development of appropriate values, competence and technologies. States should ensure that community workers receive, in addition to specialised knowledge and skills, comprehensive information concerning the social, nutritional, medical, educational and vocational needs of the disabled persons. Community workers can provide most of the services needed by disabled persons if they are provided with adequate training and supervision. This can be a valuable asset in overcoming personnel shortages. States should also expand the knowledge and responsibilities of persons working in related fields who provide other services, such as teachers, social workers, administrators and community leaders.

The UN is not a harmless little fuzzball (pardon me Rush!) but is seeking world control and government.

Non-self executing also does not do away with the report to foreigners or the need to conform laws to the report from the foreign committee.

Of course the usual suspects criticized Corker and Alexander.

“We were shocked and saddened to learn than Senators Corker and Alexander have chosen to ignore the voices of Tennesseans with disabilities,” said Carol Westlake, the group’s executive director. “This is a betrayal of our community — of children and adults with disabilities, veterans, and the families that support them.”

Most if not all the disabilities organizations have been lured into supporting this treaty because they are told that it will help US citizens and veterans to get help ABROAD.   That is an invitation to cultural imperialism and meddling.  I am not sure they represent their constituents.

Here’s more:

“I am shocked and dismayed that Sen. Corker would abruptly cut off negotiations surrounding this crucial treaty and fail to support it,” said Marca Bristo, president of the U.S. International Council on Disabilities. “Doing so is a betrayal of the millions of Americans with disabilities, professionals, people of faith, and veterans who both need and want the Disability Treaty to be ratified.”

Wow!  Maybe Corker should be drawn and quartered, too!  I would say to Bristo that giving up our rights as Americans is a betrayal (I am using her word!) to the Constitution!

Here’s Senator Tom Harkin’s (thankfully retiring this coming year) take on this treaty:

Sen. Tom Harkin (D-Iowa), one of the most vocal supporters of disability rights in the Senate, has said that GOP argument is weak because U.S. laws already comply with the treaty and wouldn’t require the United States to do anymore than it already has under the Americans with Disabilities Act.

Wrong, Sen. Harkin!  it requires us to report and comply with a foreign committee!

Well, use this site to find out that Senator Warner voted last December yea on the treaty!  I would suggest Senator Warner is out of step with his constituency here.  Contact his office and prove me right!



About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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