Sen.Sanders Statement on Senate Vote on Job-Killing Trade Bill

[RichVRichV]

15. I believe it would require congress.

Since congress will vote on this (up or down vote) it will be considered a congressional-executive agreement (treaty would require 2/3 vote). That means it would require another vote from congress (>50%, not 2/3.) to change or invalidate it. Normally that means we'd have to get 60 votes in senate to avoid filibuster, however with the TPA in force for 6 years it may require only 51 votes. I'm not sure on that. If Obama passed the TPP without congressional vote it would be considered a sole-executive agreement and any future president could invalidate it without congress. The deal being done with Iran is an executive agreement for example (without congressional input, unless he puts it up for a vote later).

Voting to remove it later would not necessarily invalidate the international portion of the law (both treaties and agreements are considered binding internationally), however US courts would simply quit using it as law. I guess the other countries could sanction us for breaking international law (good luck with that).

Bush withdrew from the Anti-Ballistic Missile treaty with Russia without congressional approval in 2002, however it looks like that treaty had an out clause (Either side could withdraw with 6 months warning). I can't find where anyone in congress challenged him doing it unilaterally.


I'm not a lawyer, this is just what I've pieced together from reading up on it. So take it for what it's worth.


http://en.wikipedia.org/wiki/Treaty_Clause