The topic of discussion for this Constitution Monday concerns the Treaty Clause. Article II, Section 2, Clause 2 of the U.S. Constitution states: “The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….”
Michael Bastasch at The Daily Signal explains how the Obama administration bypassed the Senate with the U.N.’s global warming treaty. The Senate declined to ratify the treaty, but Barack Obama did ratify it in September by executive actions. Nearly 200 countries ratified the global warming treaty. This is enough countries to bring to bring the treaty into force this year even though the U.S. Senate did not ratify it.
Mr. Obama “promised to cut U.S. greenhouse gas emissions 26-28 percent by 2025.” His “ambitious pledge – and every domestic regulation crafted to meet it – was meant to convince China to sign onto the deal.” “China pledged to `peak’ emissions by 2030, but made no promise to actually cut global warming emissions.”
Republicans on the Senate Environment and Public Works Committee sent a letter to Secretary of State John Kerry voicing their concerns. The committee members want the Obama administration to be more honest with the international committee about how treaties are ratified in the United States. They “warned that bypassing the Senate, Obama is relying on his `sole executive authority’ to enforce the treaty, meaning it’s `no different than the president giving a speech, or stating at a news conference’ that he’s fighting global warming.”
The Republicans are not only concerned about Mr. Obama bypassing their authority. They are concerned that his “plan `leaves the door open for any future administration to alter its course.'”
Donald Trump promised to pull out of the U.N. deal if he is elected, but he may have a difficult time doing so if it is “already in effect. That’s why the Obama administration will heavily focus on implementing the UN treaty at the Marrakech meeting.” There is a court challenge that may solve the problem.