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A President who shouldn’t be President Negotiates a Treaty which isn’t a Treaty with our Enemies that are still our Enemies – You Just Can’t Make this Stuff Up!

Posted by Scott Rohter on Tuesday, April 14, 2015

  

WhiteHouse (3)

A President who shouldn’t be President

Negotiates a Treaty which isn’t a Treaty

With our Enemies that are still our Enemies

You Just Can’t Make this Stuff Up!

 

By Scott Rohter, April 2016

 

What the hell is going on in Washington D.C.?  We had three candidates running for President in the last General Election who weren’t even eligible to be President. We had another candidate running who should have rightly been locked up and thrown in jail for her role in the murders of four Americans at Benghazi and the sale of our domestic uranium supplies to the Russians while she was Secretary of State. To make matters worse she committed a crime when she hid and then deleted all of her official government emails from her own private server which was under her own personal control, yet she remained the candidate of the Democrat Party for President in 2016. 

Meanwhile we had our first Black President in American history who should never have been allowed to be President not because he wasn’t born in America but because his father wasn’t an American citizen, but no matter. He negotiated a treaty with our enemies who will still be our enemies even after the ink on the paper has dried.   You can’t make this stuff up.

The truth speaks volumes about the level of corruption that is going on in Washington D.C.  today It testifies to the level of disrespect for the Constitution that exists in our nation’s capitol. That is why Washington is frequently referred to as the “The Swamp on the Hill”.

Capitol Hill 9In February the Senate passed a Bill which was co-sponsored by a Democrat who is currently under indictment on corruption charges. His name is Robert Menendez. A politician being investigated for corruption isn’t unusual.   The Bill was also sponsored by Republican Senator Bob Corker from Tennessee. This completely unnecessary legislation Senate Bill S615 The Iran Nuclear Agreement Review Act of 2015 purports to give the Senate a power that it already has under Article II Section 2 of the Constitution to block any treaty that the President negotiates with Iran. What it really does however is give away the Senate ‘s Power of Consent that it already has under the Constitution. About two months after S615 was passed in the Senate, the House of Representatives took up the same issue and passed their own version of the bill, HR 1191 . The House bill was then reconciled with the Senate version of the same bill and lo and behold… the Iran Nuclear Agreement Review Act of 2015 became the law of the land. That is how treason works.

The Senate doesn’t need to pass a bill in order to withhold their consent on any treaty that the President tries to make. It doesn’t matter if he calls it a treaty or not.  He can call it a hot dog if he likes, but it is still a treaty. The Senate already has the power under the Constitution and the President and the House of Representatives have nothing to say about it. The Power of Advice and the Power of Consent belongs to the Senate under Article II Section 2 of the Constitution. The Founding Fathers enumerated that power and gave it to them. Either all of the members of Congress have gone completely nuts or we are no longer living in a constitutional republic.  The Senate does not need to pass a bill in order to fulfill its obligations under the Constitution. It just needs to do its job.

In Article II Section 2 of the United States Constitution it reads, The President shall have power by and with the Advice and Consent of the Senate to make Treaties provided that two-thirds of the members present concur.” That is the Senate’s authority. It is absolute. It is final, and it is veto proof.  It doesn’t require Congress to pass anything in order for the Senate to do its job. All the members of the Senate have to do is use the power given to them under the Constitution. and do their job. They don’t need to ask the President’s permission in order to prevent a bad treaty from becoming law. They have had that power from the day that our Constitution was ratified.

HR1191 is the treasonous legislation passed by both Houses of Congress which requires the President’s permission before any treaty negotiated with Iran can be tossed into the legislative trash can where it rightly belongs. That is not the way our Constitution works. This Bill passed by both Houses of Congress and signed by the President limits the Senate’s Advice and Consent Powers under the Constitution to merely offering their non binding advice on the Iran Nuclear Weapons Agreement. It allows the President to exercise a veto over any advice that the Senate gives him and any consent that they deny him on this treaty. The President does not have unlimited power to make treaties under the Constitution.  The Senate has the final authority on any and all treaties. They have the Power of Consent as well as an opportunity to offer their advice to the President, but HR 1191 gives the President all of the power to make this nuclear treaty with Iran a reality without the necessary two thirds of the members of the Senate concurring. 

It appears like all the President needs under HR 1191 is a simple majority vote or just 51 members of the Senate voting in favor of it and it becomes law. Now if that isn’t bad enough in reality the Iran Treaty doesn’t even need a single Senate Vote to become the law of the land. According to HR 1191 Barack Obama can veto any action the Senate takes on this treaty. If it doesn’t even get one vote in favor of it all the President has to do is whip out his veto pen and veto the Senate’s decision and the treaty becomes law anyway. Now the Senate has to muster 67 votes to override a Presidential veto. If he didn’t have the necessary 67 votes to pass the Treaty the way it is supposed to become law under the Constitution how will they find 67 votes to override a Presidential veto and strike it from the law? HR 1191 undermines one of the critical checks and balances in the Constitution. For all intents and purposes it renders Article II Section 2 of the Constitution null and void and gives President Obama unlimited power to make this treaty.

I have never seen the Iran Nuclear Agreement Review Act of 2015 properly explained anywhere  so let me take the time to tell you how it works so you know just how badly the Constitution is being violated by traitors in both political parties.  The way that treaties are supposed to become law under our Constitution is that the Senate votes and two thirds of the members present must vote in favor of the treaty in order for it to become law…  There are 100 members of the Senates so if they are all present on the day that the vote is taken then 67 Senators must vote in favor of the treaty in order for it to become law.

What the Iran Nuclear Agreement Review Act does is reduce the number of votes actually required to pass the treaty to only 51 votes which means that only a simple majority of Senators present  must concur in order for it to become a law instead of the actual two thirds of the Senate required. That is the first way that the Iran Nuclear Agreement Review Act of 2015 violates the Constitution. If the President can’t even get a simply majority to vote in favor of his treaty with Iran than the President can veto the Senate’s decision. That is something that he cannot do under the Constitution. Then it  takes a two thirds majority vote of both Houses of Congress in order to overturn a Presidential veto. Under the Constitution it takes a two thirds vote of just the Senate to pass a treaty. Now as a result of HR 1191 it takes a two thirds vote of both Houses of Congress to overturn a Presidential veto and prevent the treaty with Iran from remaining the law. If the required two thirds votes were not there originally to begin with in order to pass the treaty then how will they come up with the two thirds votes to overturn a Presidential veto? The answer is they can’t and they wont come up with those votes  so the treaty becomes law in a manner outside of  the normal Constitutional process.

If the Senate wants to abdicate its Constitutional authority then it has to pass a Constitutional Amendment. It must be approved by a two-thirds vote of both Houses of Congress. Then it must be approved by three-fourths of all of the States before it can become the law of the land. There are no shortcuts to changing the Constitution. What the Congress has done in Washington D.C. by passing HR 1191 is a crime. Members of Congress cannot change the Constitution merely by pushing some Senate Bill through a committee and then having the having the House of Representatives pass it by a simple majority vote. It doesn’t work like that.

The Iran Nuclear Agreement Review Act of 2015   first proposed by Senator Menendez of New Jersey falls under the category of high crimes and misdemeanors. Everyone who voted for it should be tried for treason. Supporters of the Bill include some surprising names in the Senate and in the House who should know better than this like Marco Rubio, Ted Cruz, Rand Paul, and Senator Mike Lee.  Ninety-eight members of the United States Senate voted for this Bill which strips the Senate of its Advise and Consent Powers having to do with the Iran Treaty and hands the President a veto which he does not have under the Constitution. Only one member of the Senate voted no on the Iran Nuclear Agreement Review Act…That was Senator Cotton of Arkansas, and one Senator abstained from voting altogether. That was Democrat Senator Barbara Boxer from California who happens to be Jewish. Every single other member of the United States Senate voted to usurp the Constitution including Marco Rubio, Ted Cruz, Rand Paul, and Mike Lee. The Senate’s Power of Consent over treaties is absolutely veto proof and these Senators are giving it up for a much lessor role in this matter which is not veto proof. They are either effectively ignorant of the Constitution or else we are no longer living in a constitutional republic…  

The vote in the House of Representatives on the House Version of the Iran Nuclear Agreement Review Act was not much better…  It was 400 to 25 with 7 abstentions. Only 19 Republicans and 6 Democrats voted against it. Among the Republicans who voted nay were Louie Ghomert from Texas, Tom McClintock from California, Tim Huelskamp from Kansas, and Dave Brat from Virginia. Either the majority of Congressmen and Senators are effectively ignorant of the Constitution or else we are living under some form of martial law. Members of Congress have sworn to uphold the Constitution but in reality they are actually undermining and usurping it.  Why would Senators give up their absolute constitutional authority over a treaty and exchange it for a more limited role of merely offering their non binding advice to the President which he can choose to ignore with a veto? 

I don’t know what the hell our members of Congress actually think they are doing in Washington D.C., but we didn’t send them there to surrender to the President or to the Ayatollah of Iran. The President cannot veto a legislative power that has been delegated to the Senate by the Constitution. The Senate has the sole authority to stop any treaty that the President makes with Iran. They don’t need to get his permission in order to do that and they don’t need to give him the opportunity to veto any decision they make. All they need to have is the balls to do their job.

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Corroborating Source Material

http://www.usnews.com/news/politics/articles/2015/04/14/sen-menendez-accepts-smaller-role-in-iran-nuclear-agreement 

http://context.montpelier.org/document/175?gclid=CJSe4J3C7MQCFRaTfgodq1wA7g

https://www.govtrack.us/congress/votes/114-2015/h226

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=114&session=1&vote=00174 

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