FT is NOT about "trusting President Obama". FT is NOT just about the TPP. [View all]

[Faryn Balyncd]

Recently we have been hearing questions along the line of "Why can't we trust President Obama" to negotiate a good deal with regard to the TPP? After all, we trust him to negotiate nuclear treaties"

Let's look at that question.



The Hatch Fast Track, Trade Promotion Authority, bill is neither about "Trusting President Obama", nor is it just about the TPP:


The Fast Track bill would allow WHOEVER is president for next 6 years to eliminate amendments on EVERY proposed "trade" agreement they choose to propose, and to do so through a process which markedly reduces the leverage Congress has by:

1. Eliminating Congress's ability to amend,

2. Eliminating Congress's ability to threaten filibuster if a satisfactory consensus cannot be reached,

3. While (1) and (2) weaken the ability of a Congressional minority to bargain, the ability of a future majority is also weakened by the requirement that a future proposed "trade" agreement cannot be removed from the Fast Track process without a SUPERMAJORITY.

4. And, by eliminating the possibility of amendment it facilitates the passage of bad or questionable chapters, by subjecting our representatives to the duress of not being able to vote down a bad or questionable provision except by defeating the entire agreement. (which is, after all, the entire point, to make it more politically difficult for Congress to impact the process.)



Weakening the power of Congress is particularly inappropriate given the evolving ability of "trade" agreements to be a vehicle for bypassing all manner of regulations by every level of government (including, but not limited to environmental, labor, intellectual property, health and safety, labeling and other federal, state, and local governmental entities) by means of the establishment of extra-judicial Investor-State-Dispute-Resolution tribunals which are essentially sovereign as their decisions cannot be appealed to any court, even the Supreme Court.




This is NOT just about the TPP (or the TTIP, or any other proposal currently under negotiation).

This is NOT just about trusting President Obama.

It is NOT even about "trade".



What it is about is dis-empowering Congress.

It is about establishing a method to bypass democratic regulation of corporate power.



Weakening the power of elected representatives to impact agreements that can overturn established federal, state, and local law in environmental, labor, intellectual property, health and safety, and overturn judicial appeal, all in one fell swoop, is not good policy in a democracy even with the best executive.

For Congress to surrender such power to, not only our current executive, but to whoever may happen to be president in the future, would not bode well for the future of democratic governance.