Posted on 09/07/2015 7:38:55 AM PDT by blueyon
McConnell and Boehner are kneepad-Republicans. They can never stop grovelling.
Whether it is an executive agreement or a treaty, it requires illegality to perform and should, therefore, be utterly rejected. If the Senate does not reject it, Mr. Trump, our next President apparent, must declare it void and of no effect.
To his credit, Trump honors contracts, rightly sees a treaty as a contract (which is a mutual agreement), and says he will not simply breach the treaty because it is a bad deal, but if it is confirmed by the Senate he will look for holes in it.
Well, Mr. Trump, there appears to be a big gaping hole in this treaty (or executive agreement). There is such a thing as contracts that are void, of no effect, and unenforceable. A contract in which the performance would break the law is such a contract. The U.S. Constitution and laws forbid treason as illegal. The U.S. Constitution defines treason as including “adhering to [U.S.] enemies, giving them aid and comfort.” (Art III, Sec 3, Cl 1). This treaty appears to require illegality becasue it looks to be an agreement whereby the U.S. is adhering to and aiding Iran, an avowed enemy of the U.S. in its nuclear development.
Note to Trump: A treaty (or executive agreement) that requires treason to perform is illegal and void. You have no duty, nor should you, enforce such a treaty because it amounts to an unenforceable contract. It would be rather your duty as President to declare such treaty void and of no effect.
Ah. Good point. And I will admit I am not 100% (not at all my area of expertise) on this one but i THINK it is the Executive Branch decides if it is a Treaty and that’s how it is submitted. The Executive makes it clear to the other Party9ies) what it is negotiating as it will not only have a different legal effect her but as it pertains to International Law. I don’t think the Senate can then decide “this is a Treaty”.
Some time ago I posted a law review article that said as much. Thought I bookmarked it but I can’t find it now. I’ll see if I can.
Oh. And I agree with you on the GOPe as to their inability to stand up for ... anything. I’m just not sure they can do this legally.
This WSJ Article doesn’t really give any legal analysis but it’s a place to start. Just thought you might find it interesting. Still hunting for that Law Review article which had some nice citations.
50 years ago that might’ve been the case. Today this republican “leadership” are no leaders, and they care NOT what we want. They are patsies, wimps, emasculated weenies. They crave the affection of the media more than they care what is best for the people.
Excellent Idea, Senators Cruz and Paul should run with this and force it through.
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