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Obama Administration: Constitution's Treaty Clause Is Dead [from 2015]
Investors Business Daily ^ | July 29, 2015 | Editorial

Posted on 05/08/2018 3:08:58 PM PDT by Oldeconomybuyer

Asked the right question, a suspect will often incriminate himself. Asked why the Iran deal isn't a treaty, Secretary of State John Kerry basically answered it's because we've killed the Constitution.

Secretary Kerry, testifying before the House Foreign Affairs Committee on Tuesday, pumped another bullet into the legal foundation of the American system of government ratified by We the People nearly 227 years ago.

Asked by Rep. Reid Ribble, R-Wis., "Why is this not considered a treaty?" — which would mean 67 senators would have to agree before the Iran deal would take effect — former Sen. Kerry's startling and telling reply was:

"Well, congressman, I spent quite a few years trying to get a lot of treaties through the United States Senate, and frankly it's become physically impossible. That's why. Because you can't pass a treaty anymore. And it's become impossible to, you know, schedule. It's become impossible to pass."

Kerry recalled how "I sat there leading the charge on the Disabilities Treaty which fell to, basically, ideology and politics." That treaty was blocked in the Senate last year.

The treaty clause of the U.S. Constitution, Article II, Section 2, Clause 2, is very clear: The president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur."

But according to Kerry, the Senate isn't passing treaties anymore, so we can just forget that pesky little section of our underlying legal document.

What President Obama, assisted by Secretary Kerry, is doing in the Iran deal is reverting back to the system before American independence. They want the president, in practical terms, to have the near-absolute treaty-making powers of an 18th century British sovereign.

(Excerpt) Read more at investors.com ...


TOPICS: Constitution/Conservatism; Editorial; Foreign Affairs; News/Current Events
KEYWORDS: 2015; constitution; iran; kerry; nuclear; treaty
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This is important to remember. The only reason President Trump could terminate the Iran "deal" today is because Hussein Obama usurped the Treaty Clause of the US Constitution and used his "pen and phone".
1 posted on 05/08/2018 3:08:58 PM PDT by Oldeconomybuyer
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To: Oldeconomybuyer

Nothing new. There is a reason for the 2/3rd requirement. League of Nations anyone?


2 posted on 05/08/2018 3:15:02 PM PDT by KyCats
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To: Oldeconomybuyer

President Zer0 usurped the Constitution at every opportunity. For a Constitutional Law “Professor” he knows zip, zero, nada. I pity the students in his Con Law One class. They know nothing and are a danger to clients needing that type of law.


3 posted on 05/08/2018 3:15:45 PM PDT by Sasparilla ( I'm Not Tired of Winning)
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To: Sasparilla

He IS a constitutional expert.
Do not doubt it for a minute.
He is expert in Sharia. His allegiances and reliance on the UN underscore his meaning purpose and intent for the 57 states of America.


4 posted on 05/08/2018 3:23:46 PM PDT by himno hero (hadnuff)
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To: Oldeconomybuyer

The Europeans should take note. They signed on to what is an illegal American deal.

The believed the magic negro and his traitorous minion....... big mistake


5 posted on 05/08/2018 3:27:37 PM PDT by Thibodeaux (Long Live the Republic!)
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To: Oldeconomybuyer

No, Kerry, it’s not that the Senate won’t ratify treaties, it’s that they won’t ratify the carp State tries to pass off as treaties in the interest of OUR country.


6 posted on 05/08/2018 3:36:55 PM PDT by NonValueAdded (#DeplorableMe #BitterClinger #HillNO! #cishet #MyPresident #MAGA #Winning #covfefe)
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To: Oldeconomybuyer

“This is important to remember. The only reason President Trump could terminate the Iran “deal” today is because Hussein Obama usurped the Treaty Clause of the US Constitution and used his “pen and phone”. “

Yes and no. Obama wasn’t going to get 67 votes for the deal, which is why he didn’t try...so if the Constitution had been followed, the deal would have landed on the ash heap of the Senate, which is EXACTLY where it belonged.

As to the other treaties, maybe, just maybe, they were PURE CRAP for the United States, which was why they couldn’t get 67 votes. Negotiate a decent treaty...on anything, and the votes will be there. Negotiate a crap deal, then sorry, no 67 votes.


7 posted on 05/08/2018 3:41:34 PM PDT by BobL (I shop at Walmart and eat at McDonald's...I just don't tell anyone)
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To: Sasparilla

“For a Constitutional Law “Professor” he knows zip, zero, nada.”

Actually Obama clearly understands the Constitution. In a 2001 PBS interview, long before he ran for President, he described the Constitution as a charter of “negative liberties”. Obama, educated by the progressive advocates of a “living Constitution” disdained the restrictions placed on the power of government by the Constitution. Obama is a believer that power resides in the hands of government, not the people. Government grants rights, privileges, and “justice” to individuals or groups. He rejects the founding principles that the people grant limited powers to the government so the government can fulfill the goal of preserving individual liberty.

Obama’s overt lack of respect for the Constitution, or the philosophy of limited government espoused by the founders, does not indicate he doesn’t understand it. Worse, he understands it and fully supports progressive efforts through unopposed encroachments on liberty of the courts and executive dictates. The 8 years of the Obama administration clearly demonstrates the abdication of power to the Judiciary and Executive brand by Congress over the last 50 years is creating a conditions where a future president, allied with the federal judiciary, can sweep away the Constitution and govern as a dictator. Of course it will be “for the good of the people.”

https://www.forbes.com/sites/paulroderickgregory/2012/09/23/why-the-fuss-obama-has-long-been-on-record-in-favor-of-redistribution/#4837216c593a

https://www.infowars.com/obama-calls-constitution-charter-of-negative-liberties/

https://www.americanthinker.com/articles/2010/10/a_clear_danger_obama_a_living.html


8 posted on 05/08/2018 3:42:43 PM PDT by Soul of the South (The past is gone and cannot be changed. Tomorrow can be a better day if we work on it.)
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To: BobL

I think we’re basically saying the same thing.


9 posted on 05/08/2018 3:44:20 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Soul of the South
Actually Obama clearly understands the Constitution. In a 2001 PBS interview, long before he ran for President, he described the Constitution as a charter of “negative liberties”.

Kind of ironic, since Obama is an example of negative intelligence.

10 posted on 05/08/2018 3:44:39 PM PDT by Steely Tom ([Seth Rich] == [the Democrat's John Dean])
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To: Thibodeaux

Well said...comments on the euro press are simular to yours. Keep up the good work.


11 posted on 05/08/2018 3:46:12 PM PDT by rrrod (just an old guy with a gun in his pocket)
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To: Oldeconomybuyer

Rule of Law
Rule of Men

Republic or Oligarchy

Gotta choose.


12 posted on 05/08/2018 3:56:39 PM PDT by ClearCase_guy
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To: Thibodeaux

If the treaty/deal with Iran was/is illegal,

then....

should Iran have to give back the money they received as part of the phony deal?

And, shouldn’t heads be rolling because of the illegality of that deal?


13 posted on 05/08/2018 4:01:36 PM PDT by adorno
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To: Oldeconomybuyer

The Obama giveaway to Iran was not a Treaty.

It was a sweetheart deal from one muslim to another to screw America and advance Iranian power and worldwide Islam.

When you elect someone with primary allegiance to a foreign dogma and holds the US Constitution in contempt this is what you get.

No president in modern times has had a predecessor hand him such a big pile of crap and corruption to clean up as has President Trump.


14 posted on 05/08/2018 4:02:45 PM PDT by Iron Munro (If Illegals V<blockquote><oted Republican 66 Million Democrats Would Be Screaming "Build The Wall !")
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To: Oldeconomybuyer

Karma is a Hillary, ain’t it?


15 posted on 05/08/2018 4:05:02 PM PDT by generally ( Don't be stupid. We have politicians for that.)
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To: adorno

Regarding the money.......

The money was Iranian money that was on deposit here. It was withheld at the time of the take over of our embassy. All presidents since have kept it.

Obama negotiated to allow it to be returned. It was not our momey paid to Iran


16 posted on 05/08/2018 4:09:16 PM PDT by Thibodeaux (Long Live the Republic!)
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To: Thibodeaux

Yeah, I know about how the Iranian money was really theirs, but, since the treaty was/is phony, then, the return of the money should not have occurred.


17 posted on 05/08/2018 4:12:59 PM PDT by adorno
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To: Oldeconomybuyer; All

Patriots are reminded that it can be argued that ordinary voters “own(ed)” both the corrupt Senate, and the now dead Iran “deal,” through the ill-conceived 17th Amendment (17A).

We really need to get rid of 17A.

The 16th Amendment can disappear too.


18 posted on 05/08/2018 4:15:51 PM PDT by Amendment10
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To: Oldeconomybuyer

Trump would have no problem getting 2/3 for a treaty with Norklandia, provided it’s even close to reasonable.

And that’s the route he SHOULD take.

I believe he will.


19 posted on 05/08/2018 4:20:35 PM PDT by Mariner (War Criminal #18)
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To: Amendment10

Patriots are reminded that it can be argued that ordinary voters “own(ed)” both the corrupt Senate, and the now dead Iran “deal,” through the ill-conceived 17th Amendment (17A).

We really need to get rid of 17A.


Yes, the Senate was originally created to represent the state governments. That’s why the Senate has the power to ratify treaties, not the Congress as a whole. The 17th Amendment really turned our original form of government on its head. Something else to thank the Progressives for.


20 posted on 05/08/2018 4:26:02 PM PDT by hanamizu
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