The Iran nuclear deal should be handled as a foreign treaty and defeated. But the President is circumventing the Constitution by not submitting it as such — and the Senate is letting him.

CapitolHillThe American people oppose President Obama’s dangerous Iran nuclear deal by a margin of 2-to-1.

A new poll shows that the more people learn about the deal, the more they oppose it. Not surprisingly, strong majorities in Congress oppose the deal, as well.

Yet the President doesn’t seem worried.

Why not? Because  even if the House and Senate vote against the deal between now and September 17th, the President says he will veto their bill of disapproval. And now the White House has all the votes it needs to prevent a veto override.

There’s just one problem: the President is completely ignoring the Constitution on how to handle his accord — and the Congressional leadership is letting him get away with it.

Article II, Section 2, Clause 2 of the U.S. Constitution plainly states: “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….”

This final Iran deal is clearly an international treaty. It should be handled as such.

The President could also have submitted the deal to Congress as a “binding executive agreement.” That would have required a simple-majority vote of both the House and the Senate to approve it. Instead, the President is handling the final Iran deal as a “non-binding executive agreement” which does not requires Congressional approval.

“We’ve been clear from the beginning: We’re not negotiating a, quote, legally binding plan,” Secretary Kerry has said.

A non-binding agreement on a matter of such supreme importance as the national security of the American people and our allies? What world are we living in?

What’s more, the President did an end-run around the American people and their representatives in Congress by submitting the deal to the U.N. Security Council and securing a unanimous vote before even approaching the American people’s representatives in Congress.

Yet the Republican Congressional leadership — most of their Members — are not fighting back. The leadership seriously erred by passing the Corker-Cardin bill in the first place. They should never have created a mechanism for the President to take any other path than the one prescribed by the Constitution.

The Corker-Cardin bill passed 98 to 1. All the presidential candidates from the Senate voted “yes” — including Senators Cruz, Rubio, Paul and Graham.

Only Sen. Tom Cotton (R-Ark) voted against the bill, and he did so on solid Constitutional grounds. “A nuclear-arms agreement with any adversary – especially the terror-sponsoring, Islamist Iranian regime – should be submitted as a treaty and obtain a two-thirds majority vote in the Senate as required by the Constitution,” Cotton said. He’s right.

This is the most significant — and dangerous — treaty the U.S. has prepared to enter into in my lifetime. The Senate should not be allowing the President to circumvent the Constitution. It should deem the Iran deal as a treaty. It should hold a vote in accordance with the Constitution. If 67 Members of the U.S. Senate do not ratify the Iran deal, then the deal should not have the force of U.S. law. Then, neither this President nor the next will be allowed to enforce or abide by it.

The threat posed by the Iranian leadership — which holds to an apocalyptic, genocidal End Times theology — possessing long-range missiles and such a robust nuclear program must not be appeased, or papered over, or ignored. It must be neutralized, and soon.


NOTE: The Obama administration explained why it is not handling the Iran deal as a treaty — it simply does not believe the deal could pass with a bipartisan, two-thirds majority.

REP. REID RIBBLE (R-WI): For 228 years, the Constitution allowed treaties to [pass] with the advice and consent of 67 U.S. Senators. Why is this not considered a treaty?

SECRETARY OF STATE JOHN KERRY: Well Congressman, I spent quite a few years trying to get a lot of treaties through the United States Senate, and it has become physically impossible. That’s why. Because you can’t pass a treaty anymore. It has become impossible to schedule, to pass, and I sat there leading the charge on the Disabilities Treaty which fell to basically ideology and politics. So I think that is the reason why.


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