Posted on 06/18/2015 10:38:37 AM PDT by SoConPubbie
I know this is probably moot for now, but I think it’s important that we have all the information. Cruz went to the trouble of putting this on his website today as a further explanation of his position on TPA/TPP to conservatives.
Here is the portion mentioned in the title:
Isn’t TPP a “living agreement”?
That particular phrase—a foolish and misleading way to put it—is found in the “summary” portion of one particular section of the draft agreement. That section allows member nations to amend the agreement in the future, expressly subject to the approval of their governments. Thus, if some amendment were proposed in the future, Congress would have to approve it before it went into effect.
The full document is below:
Senator Cruz entirely understands the widespread suspicion of the President. Nobody has been more vocal in pointing out the President’s lawlessness or more passionate about fighting his usurpation of congressional authority.
Senator Cruz would not and will not give President Obama one more inch of unrestricted power.
There have been a lot of questions and concerns about the ongoing Pacific trade negotiations. Many of those concerns, fueled by the media, stem from confusion about Trade Promotion Authority (TPA) and the proposed Trans-Pacific Partnership (TPP). Let’s unpack the issues one by one.
What are TPA and TPP?
TPA stands for Trade Promotion Authority, also known as “fast track”. TPA is a process by which trade agreements are approved by Congress. Through TPA, Congress sets out up-front objectives for the Executive branch to achieve in free trade negotiations; in exchange for following those objectives, Congress agrees to hold an up-or-down vote on trade agreements without amendments. For the past 80 years, it has proven virtually impossible to negotiate free-trade agreements without the fast-track process.TPP stands for Trans-Pacific Partnership. TPP is a specific trade agreement currently being negotiated by the United States and 11 other countries, including Canada, Japan, Australia, and New Zealand. China is not a negotiating partner. There is no final language on TPP because negotiations are still ongoing and have been since late 2009. Neither the Senate nor the House has voted yet on the TPP. There will be no vote on TPP until the negotiations are over and the final agreement is sent to Congress.
Some Key Facts:
- Neither the Senate nor the House has voted yet on the TPP.
- Congress is the only entity that can make U.S. law and nothing about TPP or TPA could change that.
- TPA gives the Congress more control up-front over free trade agreements.
- TPA mandates transparency by requiring all trade agreements (including TPP) to be made public for at least 60 days before the Congress can act on them.
Does TPA give up the Senate’s treaty power?
No. Under the Constitution, there are two ways to make binding law: (1) through a treaty, ratified by two-thirds of the Senate, or (2) through legislation passed by a majority of both Houses of Congress. TPA employs the second constitutional path, as trade bills always have done. It has long been recognized that the Constitution’s Origination Clause applies to trade bills, requiring the House of Representatives’ involvement.
Does the United States give up Sovereignty by entering into TPP?
No. Nothing in the agreement forces Congress to change any law. TPA explicitly provides that nothing in any trade agreement can change U.S. law. Congress is the only entity that can make U.S. law, and Congress is the only entity that can change U.S. law. Nothing about TPP or TPA could change that.
Does Senator Ted Cruz support TPP?
Senator Cruz has not taken a position either in favor or against TPP. He will wait until the agreement is finalized and he has a chance to study it carefully to ensure that the agreement will open more markets to American-made products, create jobs, and grow our economy. Senator Cruz has dedicated his professional career to defending U.S. sovereignty and the U.S. Constitution. He will not support any trade agreement that would diminish or undermine either.
Does Senator Ted Cruz support TPA?
Yes. Senator Cruz voted in favor of TPA earlier this year because it breaks the logjam that is preventing the U.S. from entering into trade deals that are good for American workers, American businesses, and our economy. Ronald Reagan emphatically supported free trade, and Senator Cruz does as well. He ran for Senate promising to support free trade, and he is honoring that commitment to the voters.Free trade helps American farmers, ranchers, and manufacturers; indeed, one in five American jobs depends on trade, in Texas alone 3 million jobs depend on trade. When we open up foreign markets, we create American jobs.
TPA also strengthens Congress’ hand in trade negotiations, and provides transparency by making the agreement (including TPP) public for at least 60 days before the Congress can act on any final agreement. Without TPA, there is no such transparency, and the Congress’ role in trade agreements is weaker.
Is TPA Constitutional?
TPA and similar trade authority has been upheld by the Supreme Court as constitutional for more than 100 years.
Does TPA give the President more authority?
No. TPA ensures that Congress has the ability to set the objectives up-front for free trade agreements.Trade Promotion Authority has been used to reduce trade barriers since FDR. When Harry Reid took over the Senate, he killed it. History demonstrates that it is almost impossible to negotiate a free-trade agreement without TPA. Right now without TPA, America is unable to negotiate free-trade agreements, putting the United States at a disadvantage to China, which is taking the lead world-wide. It is not in America’s interests to have China writing the rules of international trade.
Moreover, Obama is going to be president for just 18 more months. TPA is six-year legislation. If we want the next president (hopefully a Republican) to be able to negotiate free-trade agreements to restart our economy and create jobs here at home then we must reinstate TPA. With a Republican president in office, Senate Democrats would almost certainly vote party-line to block TPA, so now is the only realistic chance.
How can Senator Cruz trust Obama?
He doesn’t. Not at all. No part of Senator Cruz’s support for TPA was based on trusting Obama. However, under TPA, every trade deal is still subject to approval by Congress. If the Obama Administration tries to do something terrible in a trade agreement, Congress can vote it down. And most congressional Democrats will always vote no—because union bosses oppose free trade, so do most Democrats—which means a handful of conservative congressional Republicans have the votes to kill any bad deal. That’s a serious check on presidential power.
Isn’t TPP a “living agreement”?
That particular phrase—a foolish and misleading way to put it—is found in the “summary” portion of one particular section of the draft agreement. That section allows member nations to amend the agreement in the future, expressly subject to the approval of their governments. Thus, if some amendment were proposed in the future, Congress would have to approve it before it went into effect.
But isn’t TPA a secret agreement?
No, it is not. The full text of TPA (fast track) is public. What the Senate just voted for was TPA, not TPP.Right now, the text of TPP is classified. That is a mistake. Senator Cruz has vigorously called on the Obama administration to make the full text of TPP open to the public immediately. The text being hidden naturally only fuels concerns about what might be in it. Senator Cruz has read the current draft of TPP, and it should be made public now.
Critically, under TPA, TPP cannot be voted on until after the text has been public for 60 days. Therefore, everyone will be able to read it long before it comes up for a vote.
Couldn’t Obama use a trade agreement to grant amnesty to illegal immigrants?
No. There is one section of TPP that concerns immigration, but it affects only foreign nations—the United States has explicitly declined to sign on to that section.Moreover, Senator Cruz introduced a TPA amendment to expressly prohibit any trade deal from attempting to alter our immigration laws.
Two Republican Senators (Lindsey Graham and Rand Paul) blocked the Senate’s consideration of that amendment, but the House of Representatives has agreed to include that language in the final text of the trade legislation. Thus, assuming the House honors that public commitment, federal law will explicitly prohibit any trade deal from impacting immigration.
And, regardless, no trade agreement can change U.S. law; only Congress can change U.S. law.
Good info, but alas - many won’t let facts get in the way of their knee-jerk attempts to take down the most conservative choice we’ve had in decades...
Either Cruz is an idiot because he doesn’t understand it or he’s a corupt globalist that could give two sh&ts about you and I.
Because, we might not have the votes when the next President is elected...
Especially since some pundits think we will lose the Senate.
It aint’ rocket science
Yes because giving Obama more power is the best demonstration of being ‘the most conservative choice in decades’. Wake up you are being played.
This is not about trolling Cruz it’s about holding our politicians accountable. Yes, I have criticized his position on trade and the Freedom act because I believe they are wrong. I’m also under the impression the consensus here would agree with me concerning these issues. I find it sad and at times infuriating that some of us refuse to question Cruz about these votes yet have no problem criticizing Obama, the GOPe, or any other dem over the same issues. This is highly hypocritical. It is also this mentality that has given us a congress of unresponsive politicians and allowed the GOPe to flourish.
I like Cruz and would like to see him as president… but only to the extent he is able to legislate in my interest. As Americans we have a duty to correct our politicians when they go astray. Our failure to do so is the leading cause of dysfunction in government. I am not suggesting you drop support for the man. But quit trying to defend his position when it is wrong! Call him out for it before he turns into just another career politician serving his own interests like so many others.
So you are going on record now with your support for TPA and TPP? Cool at least we know where you stand.
Speaking of honest debates you're primary argument for this seems to be that Ted Cruz supports it. Do you have anything better to offer?
bump
He has nothing. Any argument in support of TPA/TPP is an argument in support of giving Obama more power. That my friend is the bottom line.
The supreme court has 'blessed' many things that are obscenely unconstitutional.
In this case,what I'm saying is that these "agreements" easily pass the 'duck' test, being as how they walk, quack, and even fly like a duck. The senate should enforce the constitution by admitting the things are ducks, and handling them appropriately.
The GOP should have voted it down and cheered bipartisanship with the Democrats who also opposed it.
“Senator Cruz would not and will not give President Obama one more inch of unrestricted power.’
Good then he needs to vote no on TPA. Lets put this whole trade deal off til a new President comes on board. They have been negotiating it for 6 years. Whats the big rush?
Wait and see if the mood of his supporters redirects his opinion. This will make candidates who are outside of DC look more attractive to conservatives and more competitive to those who supported Obama’s privileges, given to him by this vote.
After all, TPP has not come to the floor for a vote. Will these guys vote with the donors or their supporters with the votes?
It’s too late to reign in Cruz. His vote for TPA is a vote for TPP regardless of what he does now. This is exactly like Cornyn’s vote for cloture, which made his vote for Obamacare mute.
I agree. What is the rush?
Bonehead & McConnell NEVER ram this hard on common sense
conservative bills.
They only work this hard for the amnesty pimps and globalist.
The more he spins this issue, the more he convinces people they’re being hustled.
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