Obama outsmarts himself on Iran
The Corker-Cardin process was supposed to save President Hussein Obama
from having to bring the Iran nuclear sellout for approval by the United States Senate, where it had no chance of winning. But according to Harold Furchtgott-Roth, Obama may have outsmarted himself. The Iranian sellout violates the Nuclear Non-Proliferation Treaty (which was ratified and approved by the Senate), and is therefore effectively an amendment to that treaty that requires two thirds approval from the Senate
The issue is not whether the executive can without a treaty enter into agreements with foreign governments. Of course it can.
That happens often from negotiating minor details of landing rights to
major agreements. But these executive agreements are done consistent
with treaty obligations, or certainly not in conflict with them. The
Iran Deal conflicts with the NPT.
Treaties are the law of the land
and have the status of federal statutes. They do not trump either the
Constitution or subsequently enacted statutes. As a statute, however, a
treaty would supersede a regulation, an executive order, or an
executive-signed agreement. If an executive agency or an independent
agency has the latitude to issue orders or sign agreements that conflict
with treaty obligations, then treaties ratified by the United States
have little if any enforceability.
In the United States, the administration or an independent agency
cannot simply write an order that conflicts directly with a statute. The
rule of law flows insists on no less. Why should a treaty, the NPT have
The Iran Deal will not have the status of even a statute. As
currently planned, it will not be subject to the constitutionally
mandated process for Senate consent for a treaty. Nor will the Iran Deal
become a statute even under the Corker-Cardin process
of Congressional review. Moreover, as seems likely, the Iran Deal will
result in a joint resolution that will have the support of fewer than
half of the members of either house of Congress, hardly the foundation
for a statute.
Congress had not seen the Iran Deal before the Corker-Cardin process
was enacted and had no reason to believe that it would violate the NPT.
On April 27 just before the Corker-Cardin bill was approved, Secretary
at the 2015 NPT meeting that “nonproliferation must be non-negotiable.
There is no room under the NPT for a country to negotiate its way into
becoming a nuclear-armed state … “[A]ny deal with Iran will rely not on
promises, non on words, but on proof…verification is at the heart of the
The Corker-Cardin bill established a process to review an executive order, not review a treaty amendment. No one has put
forth an argument that Congress can bind itself in advance to a process
to create or amend a treaty by a process different from that stated in
Read the whole thing
. He goes through the treaty and lists several violations.
Labels: Barack Hussein Obama, Ben Cardin, Bob Corker, Iran Joint Comprehensive Plan of Action, Iranian nuclear threat, Senate's treaty powers