Obama to bypass the Senate and sign Paris Climate Accord during visit to China

David
TakeBack News
Published in
2 min readAug 30, 2016
By White house staff [Public domain], via Wikimedia Commons

Obama intends to bypass the Congress, and sign the Paris climate accord without the approval of the Senate.

The White House argues that the president has the legal authority to do so, because the Paris Agreement is not a Treaty, but is instead an “executive agreement.” Article II, Section 2, Clause 2 of the Constitution of the United States gives the president the power “to make Treaties, provided two thirds of the Senators” ratify the Treaty. However, the courts have long recognized executive agreements, which have the power of law to the extent that they do not conflict with legislation enacted by the Congress.

Essentially, Obama has made the cynical determination that the Senate will not be able to overcome a filibuster by liberal Senators, and so the Senate will never be able to pass legislation inconsistent with the Paris accord once Obama has signed it. Such a determination, of course, rests on the further assumption that future presidents would wish to adhere to the Treaty themselves.

Obama will announce his ratification of the deal during his trip to China, a one-party communist state. Sources indicate that he will announce the ratification of the accord alongside Xi Jinping, China’s autocratic leader and the General-Secretary of the Communist Party.

How appropriate.

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