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Member Since: Fri Apr 28, 2017
Posts: 3,554
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Member Since: Sat May 17, 2008
Subj: Re: US out of the Iran nuclear deal
Posted: Tue May 15, 2018 at 12:20:09 pm EDT (Viewed 508 times)
Reply Subj: Re: US out of the Iran nuclear deal
Posted: Tue May 15, 2018 at 09:36:54 am EDT (Viewed 543 times)

    Power to do what? The president has the power to start the treaty process but passing a treaty is only a bit easier than passing a Constitutional Amendment.

    It is one reason that various trade agreements and other things are done using other means. One could make the case that the president should not have that power but Congress could also be said to have the power to stop it just as easily.

    They do not. Congress, honestly, does a pretty crappy job of reigning in presidential power. Particularly when their own guy is in power. But if they did not like it, they could do something about it.

    All that said, the president, from the get go, has been the face of the government as a whole and is supposed to make these sorts of agreements.

    It was also found, upon quick review, that the Supreme Court indicated that these agreements, when validly made, have the same legal status as treaties and do not need Senate approval. (United States vs Pink, 1942)

    That said, they would have the danger of the next guy just ending an agreement but classically that has rarely been done because it hurts the chance of future agreements.

    I imagine that this is an attractive measure because treaties can take a long time to work out and start bringing local politics into play. An executive agreement involves fewer bodies involved. And it would be possible for Congress to get involved and potentially stop the action if enough members were against it. At least in theory,.

The power to make a treaty on their own. No iffs ands or buts. No they should not have this power. The check and balance on this is the next President can over turn it...and that's good.

I don't disagree with what you say above in many areas...but this is black and white to me. NO the President should not have this unopposable power.

To say it another way:

Would you want Trump to be able to make any treaty he likes and make it all but impossible to overturn?

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