Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Yo_Mama

(8,303 posts)
1. Basic constitutional lesson
Wed Mar 11, 2015, 07:04 PM
Mar 2015

A) The Senate ratifies all treaties. Not the president.
B) Congress has the power to pass international laws, not the president. Most of the issues that presidential administrations negotiate over are given to the presidents BY ACT OF CONGRESS.

https://www.law.cornell.edu/constitution/overview

Article I, Section 8 gives several "foreign policy" powers to Congress:

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;
...
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;


Article II, Section II on presidential powers:
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.


The current negotiations with Iran are largely over sanctions, which are imposed by the executive under laws passed by Congress.

The letter may have been unwise, but it surely wasn't unconstitutional.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»Basic social studies less...»Reply #1