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AZ Progressive

(3,411 posts)
Thu May 14, 2015, 03:44 PM May 2015

Obama and Congress may not have the final word on TPP

Even if they are able to pass TPP, there's evidence to say that the Constitution can still overrule it:

Reid v Covert:

The Court found: "No agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution."
-http://en.wikipedia.org/wiki/Reid_v._Covert

More reading:

http://law.justia.com/constitution/us/article-2/19-constitutional-limitations-on-treaty-power.html

http://tenthamendmentcenter.com/2013/11/13/can-treaties-override-the-constitution/

and

http://www.thomhartmann.com/forum/2015/04/see-how-fast-track-tpp-not-constitutional



Of course though, it once again comes down to the Supreme Court (though I don't think the Supreme Court would be friendly to recognizing a tribunal that would be more powerful than itself)
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