A Skunk By Any Other Name Stinks The Same

OK, the title is by William, but  not Shakespeare.

We have a problem with the media and elected aggressors;  namely, Democrats.  There has been some whining about a letter sent to the leadership of Iran by 47 Republican Senators.  President Obama and his squad of apologizers want the American people to believe that “Truth, Justice, and the American Way” have been trampled.

Of course the extremists that consistently call for the beheading of anyone opposed to the government control of every aspect of a person’s life (correction:  government control of everyone ELSE’S life) are out there shouting that the 47 senators should be thrown out of office and into prison.  It is all rather petty and supremely stupid.

THE CONSTITUTIONAL FOUNDATION

Let’s examine first the Constitution.  The statists hate to start there because it leaves them with the shallowest of shallow arguments.  They would rather rely upon laws like the fallacious and unconstitutional Logan Act.

The US Constitution states “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;…”  (U.S. Constitution – Article 2 Section 2, paragraph 2).

The president, with privileges defined above, has power to negotiate and enter into treaties with other nations.  That power is restricted by required advice and Consent of the United States Senate.  The president has long demonstrated that he refuses to seek or receive the “Advice” of the US Senate.  Further, he has shown that he will actively pursue a course of defiance when required to receive consent from the US Senate.

THE LOGAN ACT

Relative to this discussion the Logan Act (18 U.S. Code § 953 – Private correspondence with foreign governments) needs highlighting.

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.”*
*Note: Emphasis (Italicized) was added covering the specific issue of correspondence
Two significant issues exist with respect to this commentary: 1) Authority, and 2) Scope of applicability.
First
 I shall address Scope of applicability first.
a)  The issue at hand is regarding a treaty, not a “dispute or controversy”, although that may not appear to be the case.  The treaty is focused on purportedly limiting nuclear proliferation in a dangerous region of the world.  The dangers may ultimately result in disputes, controversies, and security of the United States of America, but the treaty is focused on limiting global expansion of nuclearization.
b)  The United States has established policies, or “measures” regarding relations in the Middle East region.  Both the President and the Senate have a necessity to operate within the scope of those “measures.”  The president has demonstrated a significant departure from those policies.  Circumspectly, other than this ad hoc letter by 47 Senators, the senate has displayed no adherence to nor deviance from established measures or policies.
Second
The issue of authority is, as expressed in Logan, simply too broad to be applicable.
a)  Both the President and the Senate have “authority of the United States” generally.
b)  Where the authority issue breaks down is in the absence of clear and defined policy as noted above.  Congress has not stipulated specific measures of intended policy regarding a nuclear treaty with Iran, and so it follows the President has neither agreed to nor vetoed such policy.
1)  Consequently it is the president which is apparently operating outside of the parameters of the Logan Act.
It is a significant stretch of credulity to presume the United States has a clear policy.  The animosity between the Chief Executive and Congress limits the ability to establish a clear policy.
Let’s examine the content of the “letter.”
The letter signed by the 47 senators simply clarifies the role of the various separate powers of the United States government.  Contrary to the assumptions and solicitous nature of political and media outcries there is nothing in the content of the letter that undermines the president.  Further nothing in the letter comes close to implying confusion of US Policy; which is significantly lacking already.
Here are excerpts from the actual letter:
” under our constitution, while the president negotiates international agreements, Congress play a significant role in ratifying them.”
“In the case of a treaty, the Senate must ratify it by a two-thirds vote.”
“A so-called congressional-executive agreement requires a majority vote in both the House and the Senate,,,”
The president’s refusal to work cooperatively with either the US House or Senate, coupled with his open aggression toward existing US policies and measures (noted above) is a clear indication he is disingenuous with foreign leaders.  In short it is he that is in violation of the Logan Act.  The letter of clarification of how the United States Government functions, under the Constitution, was not only prudent but nearly essential.
Without the letter it is presumable that nations in the middle east would be left with a fallacious reliance on the United States.
That Is The Way I See It.
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