Wednesday, April 15, 2015

Corker-Menendez Bill On Congressional Involvement In Iran Deal Is Republican Capitulation And Inversion Of The Constitution

Why is the White House suddenly declaring they will sign the current Corker-Menendez bill on Congressional involvement in the Iran deal? Because it's a complete capitulation from Congress and an inversion of the Constitution. Article II, Section, Clause 2 clearly states that "two thirds of the Senators present" must "concur" on a "treaty." The Iran deal should be subject to a yes-or-no up-or-down vote requiring a supermajority for enactment. What this bill instead does is allow both houses of Congress to vote by simple majorities as to whether to lift current sanctions as per the eventual deal. If they vote against doing so, Obama may use his veto pen. It then would be incumbent upon the legislative chambers to gain two-thirds to override the President's veto. This arrangement effectively shifts the supermajority burden in the President's favor, rather than the strong Congressional check and balance intended by the Framers of the Constitution.

Sen. Bob Corker can pat himself on the back all he wants, but in reality he surrendered Congressional authority. That's why Obama will sign the bill. Shame on Congressional Republicans for their mock victory when they should have worked to pass a bill in line with the Treaty Clause. Not only that, but you need no bill for this process. If Obama was not going to treat the Iran deal as a treaty, a majority of Congress could have easily passed a law against lifting sanctions anyways which Obama could then veto. You need no special bill to line this out. What this bill does is effectively lock that process in and grants a victory to Obama by ensuring his Iran deal will not be treated like a treaty by the legislative branch.