Monday, March 9, 2015

Law Professor: GOP got Constitution wrong by sending letter to Iran.

http://www.addictinginfo.org/2015/03/09/law-professor-gops-letter-to-iran-explaining-how-constitution-works-gets-constitution-wrong/

Yesterday, a group of 47 Republican senators became an international embarrassment when they published a letter to Iran telling its leaders to ignore Obama. Today, they become a national one.
The group of Republicans had hoped that by sending a letter to Iran highlighting the way America’s “constitutional system” works, it would become clear to the Iranians that while the president has been working tirelessly with them on an historic nuclear deal, the Republican controlled Congress was planning on derailing any negotiations they could.
In a page oozing with condescension, they wrote in part:
While the president negotiates international agreements, Congress plays the significant role of ratifying them. In the case of a treaty, the Senate must ratify it by two-thirds vote. A so-called congressional-executive agreement requires a majority vote in both the House and the Senate… Anything not approved by Congress is a mere executive agreement.
However, despite the confident tone, it seems the lawmakers don’t really have a firm grasp on what their role in the treaty-process is exactly. According to a detailed analysis of the letter’s contents by a Harvard law professor named Jack Goldsmith, who teachers and writes about presidential power and international law, the members of Congress got huge portions of this wrong:

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