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CAFTA, the EU & Communitarian Law

US LAW IN THE BALANCE

By Niki Raapana

April 28, 2007

NewsWithViews.com

The formation of a global government requires very careful planning. A global system must, like all existing political systems, have its own bureaucratic structure for enforcing its own idea of justice. It also needs a philosophical foundation for its principles, its laws, and its social and foreign policy. For as much scrutiny as the global government gets from people around the world, it's amazing how little attention is paid to the actual emerging system.

The front-runner for becoming the emerging supra-national synthesis of all nations is called communitarianism. The communitarian philosophy is already established as the basis for the laws, the regional plans, and the expanded enforcement actions necessary to full integration.

Widespread ignorance of communitarianism and denial of the existence of an emerging global legal system has allowed every program necessary to achieve full implementation, unhindered by press or public scrutiny. The vast majority of citizens of the United States do not know what it means when their legislatures say they are "balancing" their laws. They never question why there must be a balance between individual rights and community rights. This "news" can be printed on the front page of American newspapers and not an eyebrow will raise. The new American mantra is that rights to privacy and anonymity have to be balanced against the community's need for greater homeland security, and gee, while they're at it, they may as well go ahead and protect the environment and provide social equity too.

Our citizens have not been told that open borders, protected land and water, free trade, citizen advisory councils, domestic spying, reaching consensus, public-private partnerships, sustainable development, exporting democratic freedom, and enforcing the global common good is as un-American as buying British merchant's tea. The U.S. National Guard says it protects the "common good" right on TV. It's a tragedy that our people do not understand either the ideology or the roots for all the important words used to define American laws.

The term homeland was used in the 1930s to describe a position of the Austrian Minister Zernatto who negotiated terms with the Nazis. Today homeland is a Russian political party and is also used to describe all of Russia. In 2002, Republican speechwriter Peggy Noonan wrote , "The name Homeland Security grates on a lot of people, understandably. Homeland isn't really an American word, it's not something we used to say or say now." ( answers.com)

We have a whole war named for Terrorism, and yet we have never been taught the word "terrorist" comes from the Jacobin freemasons who established the usefulness of terror tactics to achieve sweeping political goals in 1789 France. We surely have never been told the term "civil society" originated with the Jacobin's revolutionary idealists. Would it come as any surprise to hear the term "ideology" also originated in 18 th century France?

Our government has described its efforts in Iraq as rebuilding a communitarian system in the Middle East, yet this term never comes up in congressional debates, nor is it part of the anti-war speeches. It's not even part of the calls for Bush and Cheney's impeachment. How can so many people be opposed to the current administration's polices and wars, be so upset over congressional passage of the Patriot Act and the Amnesty idea, be so suspicious of the WTO, and yet not be the slightest bit interested in the actual ideology behind the wars and the laws, let alone the entire concept for global domination over every nation's marketplace?

How is it possible that educated Americans cannot see there is a recurring theme inherent in all new actions that alter national systems, regardless of whether the changes are violent invasions or are quietly adopted into regulatory law just under the local radar? Maybe they've heard it so many times from so many public officials' lips that they assume it's a good thing to rebuild a moral community based in shared values. It sounds so lovely, doesn't it? Anyone opposed would have to be immoral with selfish values, wouldn't they?

The communitarian language is peppered with quite lovely phrases that define a perfect utopian world where everyone is treated with respect and dignity, and everybody shares. This is the final synthesis of all political, economic, social, and religions theories, so it gets to use all their highest sounding goals and platitudes. The bottom line to achieving perfection (a topic which must never be broached) is that American liberty and property cannot long exist without a communitarian perspective (Etzioni). Americans may never be told why their new internationally decreed human rights also carries with it a new legal requirement to perform new duties that are part of a global citizen's responsibilities (Giacomazzi).

Communitarianism is duality magnified by a million times a trillion. It embraces every purpose and mouths the promises made by every prophet and alchemist since the dawn of man. It's designed to become the global justice system and the global religion, so it also must claim to want consensus from each nation and church. This all inclusive philosophy is how they explain they can protect individual rights at the same time they strip them all away. Some sacrifices must be made for the common good. It's the end that matters, it's the end that justifies the means. Violence was always part of their plan to create a peaceful world. Some diehard nations have to be violently subdued. Other nations led by more pragmatic, business classes can be convinced to adapt their morals to allow for organized nepotism and graft. We have arrived at the grand convergence of all humanity; it's the ultimate bi-partisan consensus. This is the perfectly planned transcendent triumph of alchemy over instinct.

Communitarian law is a large part of the "continuous development of norms." This is the designated supreme law in the European Union. This is the legal principles for the Earth Charter. This is the moral purpose for the Universal Declaration of Human Rights. And it changes constantly, rarely in the open, so that few people can ever claim to understand it.

"Secondly, there are entire new areas of international law which need to be thoroughly studied, followed on a daily basis, and almost constantly translated into the domestic legal system. A good example of this is the continuous development of norms protecting human rights and fundamental freedoms, rights of minorities, environmental law, communitarian law, etc. Such developments impose another important aspect on the work of a good legal adviser in a democratic, law-abiding country: that of contributing to the further development of international law. I shall quote my former British colleague Sir Arthur Watts who wrote very explicitly about it: "Since there is no legislature, it (international law) changes essentially through State practice - which means what Foreign Ministries do and what Foreign Ministry legal advisers advise their Ministries it is lawful for them to do. Since the law has to change in this way, it means that States can, and do, break new ground and so contribute to the creation of new law. A legal adviser, accordingly, may have to participate in this process; and he may certainly, in appropriate circumstances, advise that it will be lawful to do something which has never been done before, or which would involve the development in a new direction of an existing rule of international law. The circumstances of international life are pressing, and even though a situation may have novel elements it cannot be met with inaction; and novel situations may call for novel responses." " (Nick Stanko, Chief Legal Advisor, Ministry of Foreign Affairs, Republic of Croatia)

In all cases regarding individual rights against the common good, the common good wins.

In order to have an efficient global government, we need a higher global standard that rules supreme over all nations (Garcia). This higher law has to have the ultimate authority to enforce its decisions against anyone in the world, from the small citizen property or business owner all the way up to the President of the United States of America

The EU constitution was supposed to be their legitimizing, crowning achievement. It was designed to pave the way to a completely global communitarian system. But it failed after Dutch and French voters rejected its supremacy clause. So for the EU's 50 th birthday party, Big Mother took a novel approach by trying to rally skeptical French and Dutch voters with a new Treaty called the Berlin Declaration. By taking out the very word "constitution," EU leaders hope to sway European voters into accepting communitarian supremacy of law.

"The signing of the Berlin Declaration - a two-page document designed to rally skeptical voters behind the EU in plain and uplifting language - was the centerpiece of celebrations of the EU's 50th birthday, officially the anniversary of the signing of the Treaty of Rome in 1957 which founded the European Economic Community, which became the EU. 'The declaration did not even mention the word 'constitution,' a token of how controversial the issue remains two years after French and Dutch voters blocked the charter in 2005 referendums."("EU seeks way out of constitutional crisis at birthday celebration" International Herald Tribune, 3/26/2007)

What began as the "law of treaties" already crept into every national system via regional trade agreements designed by Big Mother's representatives. All modern trade groups are regulated by referring to established EU case law. The legitimacy of supreme international ideals, while existing mainly in the communitarian's skewed visionings, is slowly gaining in stature and respect, due mainly to advertising it as the only "moral" court of justice. The rest of us exist unaware in the era of "psychological jurisprudence." (Fox 1990)

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Two sets of opposing laws claim to rule supreme in the U.S. Supreme means "greatest in status or authority or power." The Communitarian theory says international law is supreme. When officials of the United States of America cite the "Rule of Law" to justify their most unconstitutional acts, they aren't referring to the U.S. Bill of Rights; it's been balanced.

References:

1, Abroadco Study Abroad, Granada, Spain. POLS course includes: "Basic Principals of Multi-National Constitutionalism in Europe. -National sovereignty sessions. -Constitutional characteristics of treaties. -Characteristics of communitarian rights: direct effect and supremacy of communitarian."
2, Adler, Matthew D,. April 2006, "Constitutional Fidelity, the Rule of Recognition, and the Communitarian Turn in Contemporary Positivism" University of Pennsylvania Law School, Public Law Working Paper No. 06-19,
3, www.answers.com/topic/homeland
4, Altneuland: "The Constitution of Europe in an American Perspective", April 28 - 30, 2004 A Joint Conference Organized by The Hauser Global Law School Program, the Jean Monnet Center for International and Regional Economic Law & Justice, New York University School of Law, The Program in Law and Public Affairs, and The Woodrow Wilson School of Public and International Affairs, Princeton University
5, Etzioni Amitai, "Public Health Law: A Communitarian Perspective"
6, GARC�A, Fernando at Bolitin Mexicano: "The aim of this essay is to discuss some of the legal problems (both at the constitutional and communitarian levels), faced by the European Union, as a conse-quence of the process of integration and its relation to domestic legal systems of the member States. In this way, the article analyzes the way in which the Court of Justice has controled the principle of the supremacy of communitarian law over domes-tic laws, as well as over the principle of uniformity in its application, on the basis of international intruments, common constitutional traditions and general principles of communitarian law. In addition, the author explains the role of national courts in the determination of constitutional limits to the pro-cess of integration, mainly in what concerns issues such as fundamental rights and the power to determine the jurisdiction limits of communitarian institutions. Lastly, the author stresses the need to establish a structure of the constitutional kind as a useful tool for the effi-cacy of the process of integration. Descriptors: integration, communitarian law, domestic law, European Union, supre-macy, uniformity.
7, Institute for Communitarian Policy Studies, "Rights and Responsibilities"
8, Lewis, J. "Communitarian Theory"
9, Malavet, Professor, U.S. Territories Seminar, Notes, Part 5

� 2007 Niki Raapana- All Rights Reserved

Niki Raapana is the co-founder of the Anti-Communitarian League (ACL), an online research center for studying outside the box.

Niki is also the recent author of the non-fiction biography, 2020. Unlike the ACL website (which is a massive endeavor) 2020 introduces the global community government in 100-pages using laymen's terms for average readers. Price: $20.00, includes S&H. Send check or money order to: Nikki Raapana, HC 60 Box 329, Copper Center, Alaska 99573 or order online using PayPal at the ACL: http://nord.twu.net/acl
 
E-Mail: nikiraapana@gmail.com

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Widespread ignorance of communitaria-nism and denial of the existence of an emerging global legal system has allowed every program necessary to achieve full implementation