Eagle Forum Legislative Alerts

Monday, October 05, 2015

The Unconstitutional Iran Deal

As Americans learn the dangerous details of President Obama’s deal with Iran, Republican leaders should admit their mistake in passing Republican Senator Bob Corker’s bill that reversed our constitutional process for treaty ratification. Instead of a treaty requiring approval from two-thirds of the Senate, the Corker bill allows the Iran deal to be disapproved by a simple majority in both Houses of Congress, which could be subject to a certain presidential veto. Under the Corker procedure, Obama can make a nuclear arms treaty involving Iran with the concurrence of just one-third of each house of Congress, instead of two-thirds of Senators as the Constitution specifies. As Senator Tom Cotton said when he voted against the Corker bill, “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.”

Obama has littered the floor with torn shreds of the U.S. Constitution in so many areas, but Republican leaders keep letting him get by with it. The power to make treaties is one of the most important powers of a sovereign government, and the U.S. Constitution is very specific about who can exercise that power. As clearly set forth in Article 2, Section 2, treaties may be made by the President only with the advice and consent of the Senate, “provided two-thirds of the Senators present concur.”

Obama thinks he can exercise this power unilaterally, and the Council on Foreign Relations has been on record for years as saying that the treaty clause is the part of our Constitution they would most like to change. Conservatives need to remember that the Iran deal is about a threat to our national security. It’s also about a serious threat to the checks and balances system that our Constitution created.

Listen to the radio commentary here:

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