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I'm not fluent in this area of law, but I suspect Kerry is probably more correct than the 47. At least partly. If the US signs an "agreement" which amounts to a treaty that includes 5 or 6 other countries, it will be pretty difficult to sever ourselves from that agreement with only the involvement of the US Congress. And even if we did manage to sever ourselves, that likely wouldn't nullify the agreement.
1 posted on 03/11/2015 9:47:21 AM PDT by TangledUpInBlue
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To: TangledUpInBlue

Reject. Do not modify, That the Senate can do.


2 posted on 03/11/2015 9:49:25 AM PDT by BigEdLB (We're experienceing the rule of a Roman Emperor, Barack I)
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To: TangledUpInBlue

So the Yalta Agreement wasn’t ratified by Congress?


3 posted on 03/11/2015 9:49:36 AM PDT by nikos1121
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To: TangledUpInBlue

4 posted on 03/11/2015 9:49:52 AM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: TangledUpInBlue

why the long face John?


5 posted on 03/11/2015 9:50:27 AM PDT by GotMojo
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To: TangledUpInBlue

Excuse me a moment......

F U J K

Thank you.


7 posted on 03/11/2015 9:51:19 AM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: TangledUpInBlue

Congress can’t modify any agreement but Congress can fund or not fund, make legal or make illegal the observing of terms of that agreement. If it is not a Treaty then it is nothing binding on Congress. It is just what 2 heads of state agreed to. Congress can’t change their agreement but Congress can determine what will be done or not done about the agreement.


8 posted on 03/11/2015 9:51:21 AM PDT by arthurus (it's true!)
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To: TangledUpInBlue

Perhaps the Senators’ letter will serve to give the other so-called “partners” cause for reflection.


9 posted on 03/11/2015 9:51:40 AM PDT by loveliberty2
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To: TangledUpInBlue

And King Obie waved his imperial scepter, and lo, the pesky congress was dissolved.


10 posted on 03/11/2015 9:51:47 AM PDT by ChildOfThe60s (If you can remember the 60s, you weren't really there....)
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To: TangledUpInBlue
it will be pretty difficult to sever ourselves

Unless the US Senat, by 2/3 majority, ratifies the treaty ...

WE AREN'T BOUND BY IT IN THE FIRST PLACE!!!!

There's no "severing" to do.

11 posted on 03/11/2015 9:52:13 AM PDT by NorthMountain ("The time has come", the Walrus said, "to talk of many things")
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To: TangledUpInBlue

Elephant in the room: Why is the secret Muslim doing this behind Congress' back?

13 posted on 03/11/2015 9:53:46 AM PDT by CivilWarBrewing
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To: TangledUpInBlue
Kerry says Congress cannot modify any Iran-U.S. nuclear agreement,

Watch us, biotch.

You break the law all the time, we will too.

14 posted on 03/11/2015 9:54:58 AM PDT by Lazamataz (The FCC takeover of the internet will quickly become a means to censorship of dissent.)
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To: TangledUpInBlue

Kerry, a horse, and Hillary walk into a bar

and the bartender say’s “this some kind of joke?”


16 posted on 03/11/2015 9:55:58 AM PDT by Doogle (( USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: TangledUpInBlue

The 1799 Logan Act, which says starkly:

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”

Has intercourse with another government?? Good thing Clinton never saw that. I think this letter was a dumb move and a big waste of time.


17 posted on 03/11/2015 9:56:12 AM PDT by TangledUpInBlue
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To: TangledUpInBlue

Article 2 Section 2 does not prevent such a letter, nor does it state what steps must or must not be taken or procedure used in determining whether or not consent is to be given.


20 posted on 03/11/2015 10:00:09 AM PDT by Sasparilla (If you want peace, prepare for war.)
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To: TangledUpInBlue

Guess that bullet in the brain he got while celebrating Christmas in Cambodia finally killed his last brain cell ?


21 posted on 03/11/2015 10:00:14 AM PDT by litehaus (A memory tooooo long)
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To: TangledUpInBlue
but I suspect Kerry is probably more correct than the 47

The President negotiates. The Senate approves. So Kerry is correct that the Senate cannot 'modify' the agreement, other than by getting the president to add terms the Senate will find acceptable. But it is nothing more than a suggestion or opinion until approved by the Senate. So the 47 are correct that the next president will not be bound by anything unless it is approved by the Senate. IMHO

Article 2 Section 2 "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur...

22 posted on 03/11/2015 10:01:35 AM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: TangledUpInBlue

” If the US signs an “agreement” which amounts to a treaty “

You need to learn more about civics and actually READ the Constitution.

The President CANNOT make agreements with foreign countries, and no such agreements he tries to make “amounts to a treaty”.


23 posted on 03/11/2015 10:03:49 AM PDT by CodeToad (Islam should be outlawed and treated as a criminal enterprise!)
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To: TangledUpInBlue

The people of this country are sovereign and can through their elected representatives do anything they damn well please.


24 posted on 03/11/2015 10:04:15 AM PDT by Argus
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To: TangledUpInBlue

There is one thing that congress can do that cannot be argued or overridden by and executive order, that is to declare war. Congress should declare war with Iran and then see if the executive agreement means anything.


27 posted on 03/11/2015 10:04:47 AM PDT by TonyM
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To: TangledUpInBlue
Article II, Section 2 "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls..."

It appears to me that the senate needs to stop any agreement/treaty right now by declining to concur with it.

Were they to concur with it in order to appease Obama now, I do not think a later senate has the power to go back and "unconcur" at a later date (unless of course a later president agrees to abandon the treaty/agreement).

At least that is the way I read the Consitution.

32 posted on 03/11/2015 10:07:59 AM PDT by WayneS (Barack Obama makes Neville Chamberlin look like George Patton.)
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