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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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To: Oldeconomybuyer

well, the great thing about a not-a-treaty implemented by fiat by one administration without ratification by Congress is that the NEXT administration can abrogate the not-a-treaty without consulting Congress ... see how that works Obama?


21 posted on 05/08/2018 4:33:21 PM PDT by catnipman ((Cat Nipman: Vote Republican in 2012 and only be called racist one more time!))
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To: ClearCase_guy

“Gotta chose.”

How do you suggest we go about this?


22 posted on 05/08/2018 4:41:39 PM PDT by Jacquerie (ArticleVBlog.com)
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To: himno hero

Yes, you understand.


23 posted on 05/08/2018 4:42:28 PM PDT by polymuser (Its terrible to contemplate how few politicians are hanged today. - Chesterton)
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To: Jacquerie

Well, I voted for Trump. He seems to respect the Constitution, the written laws, and the will of the people. We have a republic, if we can keep it.


24 posted on 05/08/2018 4:45:07 PM PDT by ClearCase_guy
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To: Thibodeaux

It was the Sha’s money. Should have been given to the Sha.


25 posted on 05/08/2018 4:47:30 PM PDT by Dogbert41 (When the strong man, fully armed, guards his own dwelling, his goods are safe. -Luke 11:21)
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To: adorno
And, shouldn’t heads be rolling because of the illegality of that deal?

Still waiting for the press to investigate the billions given to Iran. Where did 0bama get the money?

26 posted on 05/08/2018 4:49:30 PM PDT by FatherofFive (Islam is EVIL and needs to be eradicated)
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To: Oldeconomybuyer

We left the Constitution behind on Usurpation Day, January 20, 2009

Barack Obama is NOT a natural born citizen and was never Constitutionally eligible to be President.


27 posted on 05/08/2018 4:57:51 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Dogbert41

the question rises....... how much was kicked back to Obama?


28 posted on 05/08/2018 5:15:09 PM PDT by Thibodeaux (Long Live the Republic!)
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To: Oldeconomybuyer

Works for me!


29 posted on 05/08/2018 5:26:57 PM PDT by BobL (I shop at Walmart and eat at McDonald's...I just don't tell anyone)
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To: generally

Well played sir!


30 posted on 05/08/2018 5:27:31 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

No more bullsh*t from/about obama, That awful era is over.


31 posted on 05/08/2018 6:32:25 PM PDT by Jack Hammer
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To: Oldeconomybuyer
Kerry recalled how "I sat there leading the charge on the Disabilities Treaty which fell to, basically, ideology and politics."

Ignoring the fact that the Disabilities Treaty itself was, basically, ideology and politics. It was an attempt to permanently impose on the United States what should be the concern of domestic legislation. It has nothing to do with the relations between countries.

32 posted on 05/08/2018 6:51:44 PM PDT by Petrosius
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To: Oldeconomybuyer

“And it’s become impossible to, you know, schedule. “

Wow.

Just fucking wow.


33 posted on 05/08/2018 8:13:19 PM PDT by JPJones (More tariffs, less income tax.)
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To: Oldeconomybuyer

Translation - us Dems have tried to do a lot of seriously bad deals and we could never get enough folks to agree to screw our own people that bad so we had to take other, illegal routes to do our damage....


34 posted on 05/09/2018 2:42:15 AM PDT by trebb (I stopped picking on the mentally ill hypocrites who pose as conservatives...mostly ;-})
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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”. “


It’s also important that we use this opportunity to put the world on notice - when a US president usurps the Treaty Clause of the Constitution to get a “deal” done, then that deal is not really with the US, but just with that president for the duration of his term.

Hence, anytime someone says Trump pulled the US out of (Iran Deal, Paris Climate Accord, etc), the answer should be - no, the US did not have such a deal - that was only a deal with the prior administration, which opted to NOT commit the US to the deal, as The Constitution would require.

So basically, Obama opted to be like a kid building sand castles on the beach during low tide, and then crying to Mommy when the tide came in an washed it away.

Same thing applies to all the crap like Obamacare that got done through reconciliation or all the crap that got done through executive orders ... more examples of a sand castle legacy that can and should be easily washed away. Of course we still have to deal with some lower court judges that want to protect some of those sand castles by denying Trump the ability to simply rescind some executive actions. But I’m confident the SCOTUS will take care of that soon.

Thank God we have Trump in office now to clean up this mess.


35 posted on 05/09/2018 4:22:09 AM PDT by zencycler
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To: zencycler

Well said!


36 posted on 05/09/2018 4:39:07 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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