UNFINAN.OBS (Converted)
Editor
International Herald Tribune
Paris
Sir:
Regarding Richard Gardner's piece Why UN Dues Aren't Optional
(IHT, March 11,.p. 8),
may I suggest that Mr. Gardner, for whom I have great respect, omits the governing
reason why Congress is obligated to pay the US's UN dues. It is true that Article
1, Section 8, paragraph 18 of the Constitution delegates to Congress all legislative
authority on a wide -- if limited -- variety of matters (the limitations of which neither
Congress nor the Supreme Court any longer seem to pay much attention), with all revenue
bills (presumably including payments to the UN) to originate in the House under Section 7. I do not have at hand any text from which to cite controlling Court decisions,
but when I studied Constitutional Law we were told that the Supreme Court had consistently
ruled that the treaty-making authority contained in Article II, Section 2, paragraph 1 of the Constitution, superseded any other provision of the Constitution
with which it might be in conflict. Our law professor granted that this could theoretically
result in some bizarre circumstances. The US could negotiate and the Senate approve a treaty making Elizabeth II and her heirs President of the United States for
life, overriding Article II, Section 1, paragraph 3 -- reversing the results of
the War of Independence. But reason suggests that the President would never negotiate
such a treaty, or any other containing such an outrageous provision. Nor that the Senate
would ratify it. Nor that the people would elect any senator with sentiments suggesting
he might vote for such.
But the UN Charter, including the US obligation to pay our share of its operating
expenses (subject to renegotiation from time to time under the provisions of the
Charter), was negotiated by the Executive Branch and freely ratified by the Senate
after extended discussion, and has thus become an obligation of the United States as binding
as any provision of the Constitution.
David Timmins - Geneva
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