[quote]Aragorn wrote:
[quote]DBCooper wrote:
[quote]Aragorn wrote:
[quote]shorty_blitz wrote:
What an idiotic letter for the congress to write and send.
You really think that the Iranian government would come to some sort of weak agreement that would be only binding to Obama? [/quote]
No, any agreement they did reach would be subject to Congressional approval. This is what the Congressmen were saying.[/quote]
Any treaty the President enters into is subject to the advice and consent of the Senate. The advice part is ambiguous, given that President Obama has shown little-to-no inclination to actually listen to the Senate, or anyone else for that matter. How do we define “with the advice”? Does he simply need to be in the same room and conscious at the time such advice is spoken? Does he simply need to receive some sort of written document produced by the Senate and then cast his eyes in its general direction?
Regardless, the consent aspect is clear, and there is no need for the Senate to essentially undermine the executive branch’s role in this endeavor by also publicizing the fact that any agreement is likely to be undone ASAP.
Unless the President has specifically avoided any and all attempts to hear/seek advice from the Senate, I think it would be hard to make the case that he hasn’t at least sought some rudimentary form of advice. The Constitution does not quantify the advice to be sought. So what this letter does is it simply interjects the Senate into an area that is otherwise clearly defined as the purview of the executive branch.
This is why I would question not only the motives, but the actual impact upon the Constitution that this letter would have. Just because President Obama has treated the Constitution with reckless abandon doesn’t mean that reciprocal behavior from the other side solves the problem. If the party that more frequently likes to tout its constitutionality is quick to place factional, partisan interests above the supremacy of the Law that the Constitution aims to protect, then what else do we have left?[/quote]
Let’s leave aside rampant partisanship for a second in discussing the move (is that even possible?). Given the State Department’s written opinion on the matter which stated as much, which Varq posted above in one of his responses, I would argue that it is still quite within the purview of the legislation to be involved and also to communicate with foreign dignitaries and states–again leaving aside the partisanship and timing aspect for the moment.
The Congress has essentially 2 primary functions in regards to foreign powers: 1) consenting to treaty ratification (future posts from now on I will simply say “ratify” because it’s quicker & I’m lazy) and 2) declaring, funding, waging war on said foreign powers. Both of these functions are completely relevant and tied into the situation with Iran. This is why I don’t consider it outside of their purview, nor outside their powers and obligations as per the Constitution. Yes, it is true that the Executive branch is typically the spearhead of relations. Yes, it is true that any treaty is a two sided effort. However, the other side is Congress and both of are necessary to ratification and relations as a whole.
Now, motives and timing are all questionable. Of this I have no doubt. Both sides of the aisle–and as you note the POTUS as well–have essentially advertised their complete willingness to discard all sense of civility and professionalism and to bicker and eye gouge like the selfish monkeys that they are. Oh wait, monkeys could be considered raaaycesss instead of merely insulting as I wish. Well then, selfish power hungry children.
One aspect that I remain on the fence about is the advisability of muddying the waters like this. As you noted several pages back (I think), obscurity is essential to diplomacy and statecraft. On one hand I don’t think this sort of muddying does our position in power/bluffing/negotiating/anything else any favors. On the other hand, I think Obama’s negotiation skills are less than nil and so is his grasp of poker faced geopolitics and the entire ME. Also on the other hand, say nobody says a word…they put a deal on the table and Congress summarily shoots it down because Congress. Back to square 1, only with more wasted time in which Iran can keep wheels behind the facade moving.
So, I do see this as possibly partisan grandstanding/backbiting but I don’t see this as stepping over their Constitutional bounds. [/quote]
I respectfully disagree with your assessment of these actions’ constitutionality.
The Senate has two roles when it comes to negotiations between the U.S. and foreign govt’s or the agents thereof. Those roles are simply to advise the President on the matter at hand and to consent in the form of a 2/3 vote in the Senate to any treaty into which the President enters the nation. Any powers the Congress has in terms of war-making/declaring/funding is irrelevant here since we are not at war with Iran and these negotiations are at best, peripheral to such a possibility.
Other than that, the Senate has no enumerated role whatsoever in negotiations of this kind. There simply is no enumerated power within Article I that allows for the Senate to do this.
In fact, the Logan Act (a decidedly partisan piece of legislation when it was passed) makes explicitly clear that this sort of letter constitutes treason. I personally don’t believe the Act is valid, but SCOTUS has upheld what few challenges there have been to it, and given the Court’s power of judicial review, until the Act is overturned it is the law. And that law clearly states that contact with a foreign gov’t with which there is a dispute, and without the authority of the U.S. (which the Constitution in no way grants to the Senate), and in furtherance of undermining the efforts of the U.S. is treasonous.
Regardless of that Act, the legislative branch simply has no enumerated powers whatsoever that allow for it to unilaterally inject itself into what is clearly defined as the purview of the executive branch. This makes the Logan Act largely superfluous, and adding the penalty of treason to it is unnecessary. The Act itself, I would argue, is in violation of the necessary and proper clause since the Act is not necessary for the Congress to carry out its foregoing powers. It doesn’t have any powers in the executive realm in this sense, so there is no power for which it is necessary to create a law in order to execute.
The State Department’s statement on the matter is largely irrelevant as well. Only the judicial branch has the power of judicial review. Anything that State says on the matter carries the same weight as the President or the legislative branch: none. This is a matter of constitutionality and the State Department has no say on such matters.