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RE: How is this not Treason? - 3/9/2015 2:05:21 PM   
BamaD


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quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: accublond
Article II, Section 2 of the Constitution gives the executive branch the exclusive power to negotiate treaties and prosecute foreign policy. But these tea party politicos have trampled that provision in their desperation to discredit a sitting President. Risking nuclear war and national security to score political points. It easily tops their Netanyahu invitation and makes Jane Fonda look like a piker.


Thanks for showing you don't understand the US Constitution.

Article II Section 2
    Clause 2 Text:
    quote:

      He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

    ...
    The President may enter the United States into treaties, but they are not effective until ratified by a two-thirds vote in the Senate.[9]


I left the citation # in there on purpose. The citation links to HERE, in case you don't think the wiki is accurate.
    quote:

    The Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" (Article II, section 2). The Constitution's framers gave the Senate a share of the treaty power in order to give the president the benefit of the Senate's advice and counsel, check presidential power, and safeguard the sovereignty of the states by giving each state an equal vote in the treatymaking process. As Alexander Hamilton explained in Federalist no. 75, “the operation of treaties as laws, plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.” The constitutional requirement that the Senate approve a treaty with a two-thirds vote means that successful treaties must gain support that overcomes partisan division. The two-thirds requirement adds to the burdens of the Senate leadership, and may also encourage opponents of a treaty to engage in a variety of dilatory tactics in hopes of obtaining sufficient votes to ensure its defeat.
    The Senate does not ratify treaties—the Senate approves or rejects a resolution of ratification. If the resolution passes, then ratification takes place when the instruments of ratification are formally exchanged between the United States and the foreign power(s).


Apparently, without Senate approval, any treaty negotiated by President Obama isn't worth a whole lot.

Damn those checks and balances, eh?!?

I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.

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RE: How is this not Treason? - 3/9/2015 2:07:22 PM   
Lucylastic


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nah Joe, its the wording....stating they taking over the executive branch....the wording is wrong, semantics, a bit like yanno like the weapons of mass destruction post on another thread...you gotta have the exact words, ....well for some anyway.


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RE: How is this not Treason? - 3/9/2015 2:10:23 PM   
Lucylastic


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quote:

ORIGINAL: BamaD


I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.

When dealing with foreign nations, .....they are doing MORE than their job.
WHEN was the last time EXACTLY this happened??????


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RE: How is this not Treason? - 3/9/2015 2:18:02 PM   
joether


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quote:

ORIGINAL: DesideriScuri
Apparently, without Senate approval, any treaty negotiated by President Obama isn't worth a whole lot.

Damn those checks and balances, eh?!?


That's not the issue, DS.

First, the Republicans are calling the Iranians 'total idiots'. Do you think the Iranians never set anyone to the United States to learn about our laws and political structure?

Reality is, many have come here, learned the whole thing. To be 'instructed' by these Republicans is an insult. That you can not understand it, is sad.

Second, the Senate confirms treaties; they dont make them. Its true, that past Senate's have helped the Executive branch in the final crafting process, but they do not interact with the foreign governments. This one wants to say "Ignore the President and only deal with us". THAT, is a violation of the Constitution.

Third, these Republicans have been hounding the administration since it started on....ANYTHING. Taking any action they could to undermine him, his abilities, and his office. Or are you like Kirata, and totally oblivious to reality and history?

Fourth, these Republicans were elected to represent their states....NOT....the United States of America towards a foreign power. That would be the President whom gets elected to that job. Would you like liberal Democrats designing foreign policy that might impact you, irrelevant of the executive branch? Go ahead, say 'no'. I dare you! I double dog dare you!

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RE: How is this not Treason? - 3/9/2015 2:20:17 PM   
joether


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quote:

ORIGINAL: BamaD
I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.


50 Senators? The link of the PDF only shows 42. Who are the other eight?


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RE: How is this not Treason? - 3/9/2015 2:24:36 PM   
mnottertail


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quote:


I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.


The senators signing a letter to the president of the united states is not the equivalent of signing a letter to a foreign power. Congress has not done its job and it is treason.

BTW can any of the rightwing NAZI shiteaters tell us which treaty was under negotiation?


< Message edited by mnottertail -- 3/9/2015 2:27:24 PM >


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RE: How is this not Treason? - 3/9/2015 2:27:07 PM   
joether


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quote:

ORIGINAL: Lucylastic
nah Joe, its the wording....stating they taking over the executive branch....the wording is wrong, semantics, a bit like yanno like the weapons of mass destruction post on another thread...you gotta have the exact words, ....well for some anyway.


The Constitution is very clear on this. The Senate's job is to ratify a treat by vote. Doesn't say anywhere in there "Yo, you foreign power only deal with us for treaties!". Every past treaty voted by the Senate and approved started with a process. The Executive branch handles the particulars of the treat. It typically invites the Senate on to help craft the treaty on our end to help conform with existing treaties and laws. Its the diplomats and ambassadors of the United States whom directly deal with the foreign powers.

Thats not what is happening here. The Republicans are doing the diplomats and ambassador's jobs and trying to push the executive branch out of the way. Unless the the 28th amendment was created in the last hour, saying the Senate can do this; they are violating the law and the US Constitution. DIRECTLY!

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RE: How is this not Treason? - 3/9/2015 2:30:12 PM   
mnottertail


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Not to mention making belligerent actions to our allies who are also in this negotiation.



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RE: How is this not Treason? - 3/9/2015 2:31:11 PM   
Lucylastic


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IM talking about the pointing out of your terminology isnt exact enough for them and so it will be the only reason they will be able to find fault with it....

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RE: How is this not Treason? - 3/9/2015 2:36:58 PM   
BamaD


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quote:

ORIGINAL: joether

quote:

ORIGINAL: BamaD
I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.


50 Senators? The link of the PDF only shows 42. Who are the other eight?



42 is enough. Or didn't you know that it takes 67 to ratify. The point being that you guys didn't get outraged when a Democrat did it. Or are you trying to deflect from that point?

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Profile   Post #: 30
RE: How is this not Treason? - 3/9/2015 2:38:55 PM   
joether


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quote:

ORIGINAL: BamaD
quote:

ORIGINAL: joether
quote:

ORIGINAL: BamaD
I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.

50 Senators? The link of the PDF only shows 42. Who are the other eight?

42 is enough. Or didn't you know that it takes 67 to ratify. The point being that you guys didn't get outraged when a Democrat did it. Or are you trying to deflect from that point?


When did Democrats in the Senate, tell a foreign power "Dont bother dealing with that Republican President, deal with us" when nuclear weapons are on the table for discussion?


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Profile   Post #: 31
RE: How is this not Treason? - 3/9/2015 2:38:55 PM   
BamaD


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quote:

ORIGINAL: joether

quote:

ORIGINAL: Lucylastic
nah Joe, its the wording....stating they taking over the executive branch....the wording is wrong, semantics, a bit like yanno like the weapons of mass destruction post on another thread...you gotta have the exact words, ....well for some anyway.


The Constitution is very clear on this. The Senate's job is to ratify a treat by vote. Doesn't say anywhere in there "Yo, you foreign power only deal with us for treaties!". Every past treaty voted by the Senate and approved started with a process. The Executive branch handles the particulars of the treat. It typically invites the Senate on to help craft the treaty on our end to help conform with existing treaties and laws. Its the diplomats and ambassadors of the United States whom directly deal with the foreign powers.

Thats not what is happening here. The Republicans are doing the diplomats and ambassador's jobs and trying to push the executive branch out of the way. Unless the the 28th amendment was created in the last hour, saying the Senate can do this; they are violating the law and the US Constitution. DIRECTLY!


No they can advise that there is no way they will ratify the treaty as currently formed. Would you rather they waited till it was done then tell them they have to start over.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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Profile   Post #: 32
RE: How is this not Treason? - 3/9/2015 2:41:50 PM   
mnottertail


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What treaty exactly? And they did not advise the president, they wrote it to Iran. Our president lives in another country.


.

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RE: How is this not Treason? - 3/9/2015 2:46:04 PM   
joether


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quote:

ORIGINAL: BamaD
quote:

ORIGINAL: joether
quote:

ORIGINAL: Lucylastic
nah Joe, its the wording....stating they taking over the executive branch....the wording is wrong, semantics, a bit like yanno like the weapons of mass destruction post on another thread...you gotta have the exact words, ....well for some anyway.

The Constitution is very clear on this. The Senate's job is to ratify a treat by vote. Doesn't say anywhere in there "Yo, you foreign power only deal with us for treaties!". Every past treaty voted by the Senate and approved started with a process. The Executive branch handles the particulars of the treat. It typically invites the Senate on to help craft the treaty on our end to help conform with existing treaties and laws. Its the diplomats and ambassadors of the United States whom directly deal with the foreign powers.

Thats not what is happening here. The Republicans are doing the diplomats and ambassador's jobs and trying to push the executive branch out of the way. Unless the the 28th amendment was created in the last hour, saying the Senate can do this; they are violating the law and the US Constitution. DIRECTLY!


No they can advise that there is no way they will ratify the treaty as currently formed. Would you rather they waited till it was done then tell them they have to start over.


You're half correct. The Senate could explain to the Executive branch that one or more issues could not fit into existing laws. It would be the Executive branch's job to tell the diplomats and ambassador's what needs to be changed. No where in the Constitution, does it state the Senate can cut the middle guy out and deal with a foreign power directly.

Which is why it stands to reason, that members of the Senate would sit with the President, as they met the higher up people from another nation on a treaty. They are there simply to know what is being discussed. AFTERWARD, they discuss with the President what are the problems (not during the meeting). The Senate does not create a treaty irrelevant of the Executive branch. That is what these Republicans are doing.

Would you be 'OK' if Democrats were doing this with a Republican President? I wouldn't! There is a process to all of this. For better or worst. I didn't write the rules, but the rules are there. If we don't like 'em, we have a process for that too (which is also explained in the US Constitution).

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RE: How is this not Treason? - 3/9/2015 2:49:35 PM   
joether


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quote:

ORIGINAL: Lucylastic
IM talking about the pointing out of your terminology isnt exact enough for them and so it will be the only reason they will be able to find fault with it....


So your saying, without saying, that all the conservatives and libertarians on this forum are intellectually dishonest? :P

You didnt say it, nor am I confirming/denying it. Just saying, it looks like something in particular to me.....

< Message edited by joether -- 3/9/2015 2:50:08 PM >

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RE: How is this not Treason? - 3/9/2015 3:01:53 PM   
BamaD


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quote:

ORIGINAL: joether

quote:

ORIGINAL: BamaD
quote:

ORIGINAL: joether
quote:

ORIGINAL: BamaD
I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.

50 Senators? The link of the PDF only shows 42. Who are the other eight?

42 is enough. Or didn't you know that it takes 67 to ratify. The point being that you guys didn't get outraged when a Democrat did it. Or are you trying to deflect from that point?


When did Democrats in the Senate, tell a foreign power "Dont bother dealing with that Republican President, deal with us" when nuclear weapons are on the table for discussion?



They merely explained to them that any "executive agreement" would only be valid till Dec 2017, and would not be binding on the U S Government, as opposed to a treaty ratified by Congress.
You are not old enough to remember that McGovern went to North Vietnam to assure them of how much better a deal they could get if he won the election. Don't you think that that is far worse than this? But no, of course not McGovern was a Democrat.

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Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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Profile   Post #: 36
RE: How is this not Treason? - 3/9/2015 3:05:37 PM   
BamaD


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quote:

ORIGINAL: joether

quote:

ORIGINAL: BamaD
quote:

ORIGINAL: joether
quote:

ORIGINAL: Lucylastic
nah Joe, its the wording....stating they taking over the executive branch....the wording is wrong, semantics, a bit like yanno like the weapons of mass destruction post on another thread...you gotta have the exact words, ....well for some anyway.

The Constitution is very clear on this. The Senate's job is to ratify a treat by vote. Doesn't say anywhere in there "Yo, you foreign power only deal with us for treaties!". Every past treaty voted by the Senate and approved started with a process. The Executive branch handles the particulars of the treat. It typically invites the Senate on to help craft the treaty on our end to help conform with existing treaties and laws. Its the diplomats and ambassadors of the United States whom directly deal with the foreign powers.

Thats not what is happening here. The Republicans are doing the diplomats and ambassador's jobs and trying to push the executive branch out of the way. Unless the the 28th amendment was created in the last hour, saying the Senate can do this; they are violating the law and the US Constitution. DIRECTLY!


No they can advise that there is no way they will ratify the treaty as currently formed. Would you rather they waited till it was done then tell them they have to start over.


You're half correct. The Senate could explain to the Executive branch that one or more issues could not fit into existing laws. It would be the Executive branch's job to tell the diplomats and ambassador's what needs to be changed. No where in the Constitution, does it state the Senate can cut the middle guy out and deal with a foreign power directly.

Which is why it stands to reason, that members of the Senate would sit with the President, as they met the higher up people from another nation on a treaty. They are there simply to know what is being discussed. AFTERWARD, they discuss with the President what are the problems (not during the meeting). The Senate does not create a treaty irrelevant of the Executive branch. That is what these Republicans are doing.

Would you be 'OK' if Democrats were doing this with a Republican President? I wouldn't! There is a process to all of this. For better or worst. I didn't write the rules, but the rules are there. If we don't like 'em, we have a process for that too (which is also explained in the US Constitution).


I have given you two examples of Democrats doing this, one with a country that was killing our soldiers. And nobody seems to care about that. So this is just because they are Republicans. And you would find some excuse, like there were only 42 senators to hide from the fact.

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Government ranges from a necessary evil to an intolerable one. Thomas Paine

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RE: How is this not Treason? - 3/9/2015 3:36:01 PM   
Lucylastic


Posts: 40310
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quote:

ORIGINAL: joether

quote:

ORIGINAL: Lucylastic
IM talking about the pointing out of your terminology isnt exact enough for them and so it will be the only reason they will be able to find fault with it....


So your saying, without saying, that all the conservatives and libertarians on this forum are intellectually dishonest? :P

You didnt say it, nor am I confirming/denying it. Just saying, it looks like something in particular to me.....

Smiles sweetly, I wouldnt say something like that!!!!!!!!!

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RE: How is this not Treason? - 3/9/2015 7:57:58 PM   
DesideriScuri


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quote:

ORIGINAL: joether
quote:

ORIGINAL: DesideriScuri
Apparently, without Senate approval, any treaty negotiated by President Obama isn't worth a whole lot.
Damn those checks and balances, eh?!?

That's not the issue, DS.


Yes, it is.

quote:

First, the Republicans are calling the Iranians 'total idiots'. Do you think the Iranians never set anyone to the United States to learn about our laws and political structure?
Reality is, many have come here, learned the whole thing. To be 'instructed' by these Republicans is an insult. That you can not understand it, is sad.


The wording may have left much to be desired, but, they're right. Just because the Iranians might come to some sort of agreement with the President, that doesn't make it a done deal. It still has to have 2/3 support of the Senate.

quote:

Second, the Senate confirms treaties; they dont make them. Its true, that past Senate's have helped the Executive branch in the final crafting process, but they do not interact with the foreign governments. This one wants to say "Ignore the President and only deal with us". THAT, is a violation of the Constitution.


Good Lord. They didn't say the Iranians had to deal with them. That's ludicrous bullshit, which I guess I expect out of you, so, congrats on being consistent!

quote:

Third, these Republicans have been hounding the administration since it started on....ANYTHING. Taking any action they could to undermine him, his abilities, and his office. Or are you like Kirata, and totally oblivious to reality and history?


Riiiiight, anything.

It couldn't have anything to do with them representing their constituents in opposing the Democrats and the President, could it? I mean, it's not like they ran on tickets based on opposing the... oh, wait... strike that...

quote:

Fourth, these Republicans were elected to represent their states....NOT....the United States of America towards a foreign power. That would be the President whom gets elected to that job. Would you like liberal Democrats designing foreign policy that might impact you, irrelevant of the executive branch? Go ahead, say 'no'. I dare you! I double dog dare you!


To answer your question, no, I would not.

Now, I pose a question to you. Where in the letter did the Senators attempt to negotiate with Iran?
    quote:

    An Open Letter to the Leaders of the Islamic Republic of Iran:

    It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system. Thus, we are writing to bring to your attention two features of our Constitution — the power to make binding international agreements and the different character of federal offices — which you should seriously consider as negotiations progress.

    First, under our Constitution, while the president negotiates international agreements, Congress plays the significant role of ratifying them. In the case of a treaty, the Senate must ratify it by a two-thirds vote. A so-called congressional-executive agreement requires a majority vote in both the House and the Senate (which, because of procedural rules, effectively means a three-fifths vote in the Senate). Anything not approved by Congress is a mere executive agreement.

    Second, the offices of our Constitution have different characteristics.

    For example, the president may serve only two 4-year terms, whereas senators may serve an unlimited number of 6-year terms. As applied today, for instance, President Obama will leave office in January 2017, while most of us will remain in office well beyond then — perhaps decades.

    What these two constitutional provisions mean is that we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei. The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.

    We hope this letter enriches your knowledge of our constitutional system and promotes mutual understanding and clarity as nuclear negotiations progress.




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What I support:

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  • Help for the truly needy
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Profile   Post #: 39
RE: How is this not Treason? - 3/9/2015 8:00:27 PM   
DesideriScuri


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quote:

ORIGINAL: joether
quote:

ORIGINAL: BamaD
I was wondering how long it would take some one to point this out.
But, of course, if they noticed that how could they say that Congress doing it's job was treason.
Over 50 senators signed a letter telling the President that there was no point in signing the UN small arms treaty because all of them would vote against ratification. I guess that wasn't treason since a Democrat headed that movement.

50 Senators? The link of the PDF only shows 42. Who are the other eight?


The 50 Senators was about the UN Small Arms Treaty (different treaty from the one in the OP).


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to joether)
Profile   Post #: 40
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