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FREEPATHON
by the numbers
moving the last piece
Posted on 09/09/2015 6:53:00 AM PDT by george76
It’s rare for people to celebrate getting 41 percent of anything. If you score 41 percent on a test, you get an F. If you win 41 percent of the vote in a two-person race, you lose. If your tax rate is 41 percent, you’re likely to feel ripped off.
In the matter of his Iran deal, resident Obama and his team have spent two months working relentlessly to secure 41 percent — and now they’re claiming an enormous victory even though by any other standards what they’ve achieved is nothing but a feat of unconstitutional trickery.
...
Under the Constitution, treaties require the support of two-thirds of the Senate. The deal with Iran is a treaty in every respect — a legally binding long-term agreement between sovereign powers, in which hundreds of billions of dollars will flow and billions of dollars in nuclear materiel will be destroyed.
Since this is a treaty and we have 100 senators, Obama should have been obliged to secure the backing of 67 senators, not 41.
...
for the first time in American history, a president will simply impose a treaty on the country without even the pretense of seeking and obtaining the advice and consent of the Congress.
...
To call this a scandal doesn’t even begin to do justice to what it is. It really does suggest we are fast turning into a banana republic, whose leaders feel free to spit on a Constitution whose central purpose is to restrain the ambitions of strongmen and their shameful toadies.
(Excerpt) Read more at nypost.com ...
When I was a kid, we didn’t “pick and choose” when the Constitution was “da law of da land.”
So much for living in a representative republic. And I make no distinction - Boehner and McConnell are just as guilty of treason as Obama and Kerry are.
Corker has sent a message to his Tennessee list insisting that President Obama had every right to call the treaty an executive agreement and bypass Congress totally, so he thinks this compromise was shrewd.
This is one of few stories I’ve seen in the MSM, which talk about how this is not being ratified the way the constitutional requires a ratification, with a 2/3 affirmative vote of the Senate.
Speaking as a lawyer (well as a retired one) I find the “is it an Agreement or is it a Treaty” issue utterly fascinating. have been researching it to death the past few days (with some wonderful help from some Freepers) and I don’t think it is clear. It certainly hasn’t been litigated.
I’d sure love to see SCOTUS weigh in on this.
http://caselaw.findlaw.com/us-supreme-court/224/583.html
...Generally, a treaty is defined as ‘a compact made between two or more independent nations, with a view to the public welfare.’...
...We think that the purpose of Congress was manifestly to permit rights and obligations of that character to be passed upon in the Federal court of final resort, and that matters of such vital importance, arising out of opposing constructions of international compacts, sometimes involving the peace of nations, should be subject to direct and prompt review by the highest court of the nation...
...If not technically a treaty requiring ratification, nevertheless it was a compact authorized by the Congress of the United States, negotiated and proclaimed under the authority of its President. We think such a compact is a treaty under the circuit court of appeals act, and, where its construction is directly involved, as it is here, there is a right of review by direct appeal to this court...
Also:
http://constitution.findlaw.com/article2/annotation12.html#f405
Iran’s Supreme Leader: Israel Will Not Exist in 25 Years
A day after Obama secures decisive political victory on Iran vote in Congress, Ayatollah Ali Khamenei says ‘Great Satan’ using negotiations to infiltrate Iran and impose its will.
Barak Ravid Sep 09, 2015 11:07 AM
read more: http://www.haaretz.com/news/diplomacy-defense/1.675260
Thanks for the link! Really eating this up. Like Law School all over again ... without the pressure. hehe
No wonder the courts keep making lousy rulings, they can't make out the words anymore under all that brown.
What's that I see over the 2nd Amendment, is that a piece of corn?
?
The American people are thoroughly represented up and down and sideways across DC in congress and the presidency. Yet we are on the cusp of a police state. How can that be?
It doesn't make sense until one realizes our governing institutions no longer serve their designed purposes. Does congress actually legislate or does it enable the executive to make arbitrary regs/law? Does it conduct oversight of the agencies it created? Does congress serve to secure our inalienable rights? Does congress or Obama determine spending? Finally, the senate has voted to give Obama the treaty power.
Institutions designed for free government have been corrupted into forms that do the opposite; they serve to enable and condone tyranny.
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