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An examination of the unconstitutional United Nations Treaty

Judge J. J. Boesel

The Supreme Court has declared that "Treaties and laws passed pursuant to treaties must comply with the Constitution." Further, not only must they comply with the Constitution, they cannot change or AMEND the Constitution, for an Amendment must be done only with the consent of 3/4 of the States.

But there are four defective amendments made by the United Nations Treaty and laws passed pursuant to the Treaty without the consent of the States. That is why they are defective amendments. (This treaty is made up of two documents; the "United Nations Charter" and the "Statute of the International Court of Justice.")

The first defective amendment has brought a transfer of the Supreme Court judicial power over Treaties to the International Court of Justice.

Article thirty-six of the treaty brought this about. For it says "The International Court of Justice shall have jurisdiction over all cases involving the interpretation of a treaty".

However, our Constitution gives the Supreme Court judicial power over all cases involving a treaty. Article III, sec 2, of the Constitution says the Supreme Court's judicial power shall include all cases involving three documents: The Constitution, laws of Congress passed, pursuant to the Constitution, and treaties. So you can see this Treaty gives away one-third of the Supreme Court's judicial power.

The second defective amendment is the United Nations income tax, passed by law of the General Assembly of the U.N. forty years ago. It was consented to by U.S. Senate Document 87, January 1954, under Senate Resolution 126 - the Senate subcommittee on the U.N. Charter.

This law refunded the U.N. employees four years Federal Income Tax they had previously paid .... estimated at 6.5 million dollars.

This United Nations Income Tax amends the Sixteenth Amendment of the Constitution, which gives only Congress the power to tax incomes. The third defective amendment was by a law of Congress passed pursuant to the treaty. It is called the "International Organizations Immunities Act." This Act gives the United Nation's employees and ambassadors, public ministers and consuls of foreign nations on missions to the United Nations immunity from suit, unless they waive their immunity.

This Immunities Act amends the constitutional power given to the Supreme Court over these foreign agents and employees. The Constitution says in Article III, sec 2: "In all cases affecting ambassadors, other public ministers and consuls, and all cases in which a State shall be a party, the Supreme Court shall have original jurisdiction". That simply means the case may be brought by States directly in the Supreme Court. Notice that this section of the Constitution provides for No Immunities for these people. So this Immunities Act of Congress amends this section of the Constitution because the Constitution provides for No Immunities.

The fourth defective amendment is the Treaty's transfer of Congress' war powers to the United Nations Security Council, for the Treaty says in Article 42: "Should the Security Council consider that measures provided for in Article 41 would be inadequate, it may take action by air, sea, or land forces, as may be necessary to restore international peace and security". Article 43 of the Treaty says: "All members of the United Nations ..... undertake to make available to the Security Council .... on its call, Armed Forces, Assistance and Facilities".

Since the Constitution gives only Congress the power to declare war (Art. I, sec 8), this is the most dangerous. It permits U.S. troops under foreign commanders --- as we saw in the undeclared wars of Korea, Viet Nam, Persian Gulf, and Somalia. There is a remedy for these four defective amendments -- State action.

Since these four defective amendments have been placed in effect by the Treaty without the consent of the States, any State may object and file a case directly in the Supreme Court to establish a decision that this U.N. Treaty and laws passed pursuant to the Treaty are unconstitutional and void.

If the Supreme Court finds these four U.N. Amendments amends the Constitution of the United States as just stated, it will declare the United Nations Treaty (and all laws passed pursuant to the Treaty) unconstitutional and void.

Such a decision by the Supreme Court will shut down the United Nations forever and restore the Sovereignty of this land.

Such a lawsuit has been prepared over the last twenty years, pro bono for any State to act. A sovereign State must act, because a plain taxpayer has no standing to come into the federal court and raise any constitutional issues. I know, because twenty years ago I filed a similar lawsuit in the Federal District Court of Columbus, Ohio .... .  It was a class action suit against the United Nations on behalf of all taxpayers. But the Court said there was no standing for a taxpayer to raise any constitutional issues. And so dismissed the case without looking into the issues.


This lawsuit also claims the United Nations is insolvent and unable to pay its just debts, and so asks the Court to appoint a receiver to wind up the affairs of the United Nations; collect all its assets and pay off its creditors. The largest creditor is the United States.

To give you a picture of just how insolvent the United Nations is, Mr. Boutros Boutros Ghali, the Secretary General who told his story to the NEW YORK TIMES, reprinted in the Columbus Dispatch on August 29, 1993. Under this title, "STRAPPED FOR CASH, UN CUTS BACK TILL DEADBEAT COUNTRIES PAY UP" Ghali warned "that the United Nations could run out of cash this week."

Secretary General Boutros Boutros Ghali has outlined an AUSTERITY PROGRAM to "curtail night and weekend meetings, trim travel and reduce the use of translators and consultants."

"The organization runs from hand to mouth", he told the General Assembly's committee on financial matters Thursday. He continued, "There is nothing new about that. But today it is unprecedented, and it is intolerable" (The dictionary says 'intolerable' means 'unbearable'). He further stated "the organization has monthly expenditures of $310 million."

If we pause here a moment and do a little arithmetic, we will see that $310 million per month is $10 million per day. And the year's budget, 12 times that $310 million, is three billion, six hundred million dollars.

Ghali says "the United States owes $268 million for peacekeeping and $518 million in dues," .... "The cash in hand will cover requirements only through the first week of September, without any further payments to troop contributors. Unless a substantial portion of these debts are covered within 30 days, the organization will be unable to undertake any new operations and existing operations will be in jeopardy."

* * * * * * *

Although there are 188 member states in the United Nations, the United States pays 25% of the annual budget of 3 billion, 600 million dollars. Our U.S. taxpayers annual share is 900 million. You would think Mr. Boutros Boutros Ghali would have a speck of gratitude toward the United States. Instead he calls us a 'dead beat country'.


Judge J. J. Boesel, ret, graduate of Ohio State University and University of Michigan Law School, is a former Professor of Constitutional Law, Capitol University Law School, Columbus, Ohio.

A retired Army Colonel, he served with the 4th Infantry Division, World War II, which made the assault landing on D-Day, Utah Beach, Normandy.


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