Obama to ratify Paris climate treaty, bypassing Senate
The Constitution is such an inconvenient thing: The Obama administration is claiming that, should Obama sign the Paris climate accords when he visits China next week, it will be sufficient to make it law, even though it will not have been approved by a two-thirds majority in the Senate as required by the Constitution.
White House senior adviser Brian Deese said the president has the legal authority to ratify the accord without the two-thirds Senate vote required for treaties. He said the pact negotiated by 195 countries in December is merely an “executive agreement. … The president will use his authority that has been used in dozens of executive agreements in the past to join and formally deposit our instrument of acceptance, and therefore put our country as a party to the Paris Agreement,” Mr. Deese said at a White House press conference. “That’s a process that is quite well-established in our existing legal system and in the context of international agreements and international arrangements,” Mr. Deese said. “There is a category of them that are treaties that require advice and consent from the Senate, but there’s a broad category of executive agreements where the executive can enter into those agreements without that advice and consent.”
Gee, I wonder what clause in the Constitution Mr. Deese can name that delineates the President’s power to sign and make binding “executive agreements” with foreign powers? My copy of the Constitution doesn’t seem to have any such clause. What it does say about foreign treaties is quite clear and blunt: 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 2, Section 2).
But then, when has the law ever really meant anything to this President and the modern Democratic Party? In fact, it means so little to them that they have nominated a candidate for President who willfully ignores it, and then lies about that lawbreaking repeatedly.
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The Constitution is such an inconvenient thing: The Obama administration is claiming that, should Obama sign the Paris climate accords when he visits China next week, it will be sufficient to make it law, even though it will not have been approved by a two-thirds majority in the Senate as required by the Constitution.
White House senior adviser Brian Deese said the president has the legal authority to ratify the accord without the two-thirds Senate vote required for treaties. He said the pact negotiated by 195 countries in December is merely an “executive agreement. … The president will use his authority that has been used in dozens of executive agreements in the past to join and formally deposit our instrument of acceptance, and therefore put our country as a party to the Paris Agreement,” Mr. Deese said at a White House press conference. “That’s a process that is quite well-established in our existing legal system and in the context of international agreements and international arrangements,” Mr. Deese said. “There is a category of them that are treaties that require advice and consent from the Senate, but there’s a broad category of executive agreements where the executive can enter into those agreements without that advice and consent.”
Gee, I wonder what clause in the Constitution Mr. Deese can name that delineates the President’s power to sign and make binding “executive agreements” with foreign powers? My copy of the Constitution doesn’t seem to have any such clause. What it does say about foreign treaties is quite clear and blunt: 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 2, Section 2).
But then, when has the law ever really meant anything to this President and the modern Democratic Party? In fact, it means so little to them that they have nominated a candidate for President who willfully ignores it, and then lies about that lawbreaking repeatedly.
Readers!
Every February I run a fund-raising drive during my birthday month. This year I celebrate my 72nd birthday, and hope and plan to continue writing and posting on Behind the Black for as long as I am able.
I hope my readers will support this effort. As I did in my November fund-raising drive, I am offering autographed copies of my books for large donations. Donate $250 and you can have a choice of the hardback of either Genesis: the Story of Apollo 8 or Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space. Donate $200 and you can get an autographed paperback copy of either. IMPORTANT! If you donate enough to get a book, please email me separately to tell me which book you want and the address to mail it to.
Please consider supporting my work here at Behind the Black. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Every one of those 2020 conclusions has turned out right.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
Maybe Kazir Khan will lend him his copy
Its an “executive agreement”, not a treaty says the man who loves to play with and stretch the meanings of words. And if Hillary wins the presidency will she honor it and not rescind it?
Is an executive agreement like an executive order? Or is this a whole new class of “executive” actions?
Nicely saud. Exactly on point.