Links are now fixed.
But here is the one article I challenged ~SH~ on.
http://www.competitivemarkets.com/news_and_events/newsletters/2005/july5tstevenson.htm
CAFTA - More Than A Trade Agreement
by
Terry A. Stevenson
A common claim used by CAFTA proponents is that it is more than a trade agreement. Indeed, government officials have used this phraseology in their attempt to gain Congressional passage of this "trade" pact. In a speech given to the Heritage Foundation on May 16, 2005, Deputy Secretary of State Robert Zoellick stated, "Our domestic debate over the U.S.-Central America-Dominican Republic Free Trade Agreement (CAFTA) is about much more than trade." A web site maintained by the International Trade Administration, an agency of The U.S. Department of Commerce, defends CAFTA-DR by saying, "… CAFTA-DR can be viewed as more than a trade agreement…." (http://www.ita.doc.gov/cafta/why_cafta.asp)
Interestingly, the same web site tells us, "U.S. export growth to the CAFTA-DR region has outperformed overall U.S. exports. From 2000 to 2004, export shipments to CAFTA-DR destinations grew by almost 16 percent, compared with less than 5 percent for overall U.S. exports." If that is true then why is a trade agreement necessary? The answer is that CAFTA-DR is indeed about "more than trade" and that provides one of the best reasons to reject it.
In the aforementioned speech Zoellick said of CAFTA-DR, "it will strengthen democracy through economic growth and open societies based on the rule of law." He said, also of CAFTA-DR, "It criminalizes bribery, casts sunlight on procedures long hidden from public scrutiny, and strengthens the rule of law." While it is certainly desirable to criminalize bribery, it can hardly be called "democracy" for a legislative act to be forced on Central American countries through a "trade agreement." Democracy is bottom-up, not top-down.
CAFTA-DR would not only impose requirements on Central American countries, it would also impose requirements on us. Internal trade preferences would be prohibited. Most states have laws that give some kind of preference to in-state contractors bidding on state projects.
CAFTA-DR would sweep aside such legislation -- no trade preferences allowed. In fact, any state legislation that a CAFTA country deemed unfair could be the basis of a complaint. An international tribunal would rule on the dispute, and no American entity can overrule its decision. The tribunal is superior to state legislatures, Congress, the President, and even the Supreme Court.
Even state constitutions would not be sacrosanct. For example, the State of Wyoming's Constitution says, "No person not a citizen of the United States or who has not declared his intention to become such, shall be employed upon or in connection with any state, county or municipal works or employment." This provision is currently used to prevent foreign citizens from bidding on contracts for the State or for any other governmental entity in Wyoming. Such a provision would almost certainly be challenged under CAFTA as an unfair trade restraint. The people of the State of Wyoming would likely have their constitution changed by a decree from an international tribunal, and they would have no recourse. Such possibilities advance oligarchy, not democracy.
Of course it could be argued that the tribunal would only address trade issues. Congress and the Supreme Court have broadly interpreted the "interstate commerce clause" of the U.S. Constitution, resulting in a great expansion of Federal authority over the States. That expansion has included a federal law that prohibits carrying a gun within a certain distance of schools. There would be much to fear from an "international commerce clause." The State of Utah has experienced this kind of erosion of its sovereignty when the WTO at the behest of the island nation of Antigua. The WTO decided that Utah's law prohibiting internet gambling unjustly limited Antigua's trade.
CAFTA-DR also would accomplish something that is not a part of the general public debate. According to the International Trade Administration web site mentioned above, "CAFTA-DR would promote close cooperation among the Central American countries, thereby advancing regional integration…." Advancing regional integration is a polite way of saying that there will be movement toward a North American Union after the pattern of the European Union. If the U.S. is to enter into a North American Union, it should be done with an informed vote. Since the E.U. still has not surpassed the economic power of the U.S. by means of their union, nor has their union increased their national security, there is no reason to assume that a North American Union would be beneficial for us. More importantly, the Declaration of Independence would have to be supplanted with a "Declaration of Dependence."
Finally, since supporters of CAFTA have clearly stated that it is "more than a trade agreement" we must question why it has not been submitted to Congress as a treaty, requiring a two-thirds majority approval in the Senate. Since CAFTA would surrender a great deal of our sovereignty, it certainly qualifies as a treaty. It would seem that the judiciary is not the only branch of government guilty of overreaching its constitutional authority. TS