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Monday, March 16, 2015

Republicans' Letter to Iran Violates At Least the Spirit of the Constitution

http://www.huffingtonpost.com/ivan-eland/republicans-letter-to-ira_b_6877994.html

Senior Fellow and Director of the Center on Peace & Liberty, The Independent Institute

Republicans' Letter to Iran Violates At Least the Spirit of the Constitution

Posted: 03/16/2015
Although the controversy surrounding the misleading open letter by 47 Republican U.S. senators to Iran--an attempt to sabotage the Obama administration's possible agreement with that nation limiting its nuclear program--has broken down along party lines, the senators did violate at least the spirit of the United States Constitution by undertaking this unprecedented act.
The letter addressed to Iran warns the Iranians, distrustful of U.S. motives since President Eisenhower's overthrow of a democratically elected government in 1953 and reinstatement of a despotic Shah, that if they sign an executive agreement with President Obama, the next president could just rip it up. The deception lies in that while such a reversal is technically possible, it has been seldom used by presidents in the past. Like judicial rulings, precedent does usually hold. In this case, with other nations signing the agreement besides Iran and the United States, the likelihood that any agreement would be reversed is even more remote. In fact, the U.S. Constitution prescribes that the president has the power to make treaties with foreign nations, with the advice and consent of the Senate, as long as two-thirds of Senators present vote to ratify any pact, but does not prescribe what to do if the United States wants to abandon a treaty. So President Obama could make the argument that even if he made a treaty, instead of an executive agreement, the next president could abrogate it too.http://www.huffingtonpost.com/ivan-eland/republicans-letter-to-ira_b_6877994.html

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