Read the article. If the Senate simply declares the agreement to be a treaty and holds a ratification vote 34 Senators voting against deny ratification. The problem is not the ‘Rats, but the GOP leadership who won’t declare that it’s a treaty and hold a ratification vote.
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.