Friday, April 01, 2011 11:28 AM
The Constitution of the United States has a protection against this and this article doesn't clarify that.
Article II, Section 2, Second Paragraph, First Sentence: "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;"
The President of the United States MUST first seek the advise of the United State Senate and must gain their consent to enter into any treaty with any foreign nation. Upon the signing of a treaty the United States Senate MUST ratify that treaty by a two-thirds vote of its Senators (60 out of 100, I believe is the magic number).
Why did the Founding Fathers set-up making and ratifying treaties this way? To understand that we look at Article VI, Paragraph 2, First Sentence:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;"
This sentence states that the Constitution, Laws, and Treaties shall be the supreme Law of the Land. Treaties with foreign nations have the same impact on the American people as the Constitution does. The President cannot just make a treaty because he wants to, that isn't his power UNTIL he is given CONSENT to do so by the United States Senate.
The United States Senate originally was to represent the States and as the Federal Government can tell the States what to do, how to spend their money (Medicare and Medicaid a prime example) the States were to have a say as well. That was what the US Senate was to be. The 17th Amendment, however, destroyed state sovereignty and now there is no longer that check and balance.
Right now the Senate sits to 53 to 47 with the Democratic Caucus in control of the Upper House of the United States Legislature. They would have to bring 7 Republicans over to ratify the treaty AND make sure none of their Blue Dog Democrats don't vote against it.
This type of tactic has been talked about for years now and it hasn't gone anywhere. I seriously doubt it will ever have enough support here at home, and the Senate for that matter, to ever really gain any steam. The Obama Administration can talk about it all they want, go to the United Nations and talk, but without fulfilling that part in Article II, Section 2 there isn't any force behind the talks.
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