http://online.wsj.com/article/SB10001424127887324504704578413110123095782.html?mod=WSJ_Opinion_LEADTop
Luckily, the Constitution gives the Senate exclusive power to ratify, or block, the Arms Trade Treaty.
Even before his most ambitious gun-control proposals were falling by the wayside, President Obama was turning for help to the United Nations. On April 2, the United States led 154 nations to approve the Arms Trade Treaty in the U.N. General Assembly. While much of the treaty governs the international sale of conventional weapons, its regulation of small arms would provide American gun-control advocates with a new tool for restricting rights. Yet because the Constitution requires that two-thirds of the Senate give its advice and consent to any treaty, Second Amendment supporters still have a political route to stop the administration.
But the new treaty also demands domestic regulation of “small arms and light weapons.” The treaty’s Article 5 requires nations to “establish and maintain a national control system,” including a “national control list.” Article 10 requires signatories “to regulate brokering” of conventional arms. The treaty offers no guarantee for individual rights, but instead only declares it is “mindful” of the “legitimate trade and lawful ownership” of arms for”recreational, cultural, historical, and sporting activities.” Not a word about the right to possess guns for a broader individual right of self-defense.
Gun-control advocates will use these provisions to argue that the U.S. must enact measures such as a national gun registry, licenses for guns and ammunition sales, universal background checks, and even a ban of certain weapons. The treaty thus provides the Obama administration with an end-run around Congress to reach these gun-control holy grails. As the Supreme Court’s Heller and McDonald cases recently declared, the Second Amendment guarantees an individual right “to keep and bear Arms” such as handguns and rifles. Congress’s power to regulate interstate commerce remains broad, but the court’s decisions in other cases—even last year’s challenge to the Affordable Care Act—remind us that those powers are limited.
International treaties don’t suffer these limits. The Constitution establishes treaties in Article II (which sets out the president’s executive powers), rather than in Article I (which defines the legislature’s authority)—so treaties therefore aren’t textually subject to the limits on Congress’s power. Treaties still receive the force of law under the Supremacy Clause, which declares that “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.”