Obama to ratify Paris climate treaty, bypassing Senate
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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.
For many reasons, mostly political but partly ethical, I do not use Google, Facebook, Twitter. They practice corrupt business policies, while targeting conservative websites for censoring, facts repeatedly confirmed by news stories and by my sense that Facebook has taken action to prevent my readers from recommending Behind the Black to their friends.
Thus, I must have your direct support to keep this webpage alive. Not only does the money pay the bills, it gives me the freedom to speak honestly about science and culture, instead of being forced to write it as others demand.
Please consider donating by giving either a one-time contribution or a regular subscription, as outlined in the tip jar below.
Regular readers can support Behind The Black with a contribution via paypal:
If Paypal doesn't work for you, you can support Behind The Black directly by sending your donation by check, payable to Robert Zimmerman, 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. And if you buy the books through the ebookit links, I get a larger cut and I get it sooner.
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.
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.