thereisnospoon
Gold Member
true but not accurate.I'm not the constitution or legal authority that so many on the board purport to be but it looks like it really is Amateur Hour at the Senate.
The letter states that “the Senate must ratify [a treaty] by a two-thirds vote.” But as the Senate’s own web page makes clear: “The Senate does not ratify treaties. Instead, the Senate takes up a resolution of ratification, by which the Senate formally gives its advice and consent, empowering the president to proceed with ratification” (my emphasis). Or, as this outstanding 2001 CRS Report on the Senate’s role in treaty-making states (at 117): “It is the President who negotiates and ultimately ratifies treaties for the United States, but only if the Senate in the intervening period gives its advice and consent.” Ratification is the formal act of the nation’s consent to be bound by the treaty on the international plane. Senate consent is a necessary but not sufficient condition of treaty ratification for the United States. As the CRS Report notes: “When a treaty to which the Senate has advised and consented … is returned to the President,” he may “simply decide not to ratify the treaty.”
This is a technical point that does not detract from the letter’s message that any administration deal with Iran might not last beyond this presidency. (I analyzed this point here last year.) But in a letter purporting to teach a constitutional lesson, the error is embarrassing.
The President does not have the legal authority to write treaties..
All treaties MUST be approved by Congress before they sent to the President for his decision to approve or to not approve.
two things are happening here.
The President is attempting to act unilaterally. This is beyond the scope or powers of the Executive Branch.
The letter, is the Senate alerting the Iranian government it intent to exact its authority as prescribed in the US Constitution.
All the rest of this nonsense is just that. Nonsense.
Contrary to your side's belief, Obama is not an elected king. He does not have absolute authority to anything except what the law permits him to do.
Final point. The deal which Iran will not honor, is a bad deal. Very bad.
Congress stands at the ready to hit Iran with more sanctions that will essentially cripple the Iranian government.