Mike Lee on War & Peace
Excerpts from Letter from 85 Senators to President Obama We all hope that nuclear negotiations succeed in preventing Iran from ever developing a nuclear weapons capability. For diplomacy to succeed, however, we must couple our willingness to negotiate with a united and unmistakable message to the Iranian regime. We urge you to insist on the realization of these core principles with Iran:
Opposing argument: (Cato Institute, "Enforcing Iran Nuke Deal," Jan. 25, 2017): More than anything else, the Iran nuclear deal must be kept because the alternative is a return to ever-heightening tensions and clamoring by hawks in both countries. From 2003 to 2014, years of unrelenting U.S. sanctions and confrontation, Iran went from 164 centrifuges to 19,000. The hostile approach generates a more expansive, less transparent Iranian nuclear program and increases the chances for another disastrous U.S. war in the Middle East. Let's hope the Trump administration chooses not to go that route.
Ballotpedia.org summary:Dozens of Republican senators wrote an open letter to the leadership of Iran, warning them that any nuclear deal signed between Iran and U.S. President Barack Obama might not last beyond his presidency, without Congress signing off on it as well. No Democrats signed it. [The letter caused intense backlash. V.P. Joe Biden said of the letter, "In 36 years in the US Senate, I cannot recall another instance in which senators wrote directly to advise another country--much less a longtime foreign adversary--that the president does not have the constitutional authority to reach a meaningful understanding with them." On Twitter, the hashtag "47Traitors" became the top trending topic in the world, and a debate raged as to whether the 47 who signed the letter were traitors or patriots. Here is the text of the letter.
An Open Letter to the Leaders of the Islamic Republic of Iran:
Under our Constitution, while the president negotiates international agreements, Congress plays the significant role of ratifying them. In the case of a treaty, the Senate must ratify it by a 2/3 vote. A so-called congressional-executive agreement requires a majority vote in both the House and the Senate (which, because of procedural rules, effectively means a three-fifths vote in the Senate). Anything not approved by Congress is a mere executive agreement.
We will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei. The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.
We hope this letter enriches your knowledge of our constitutional system and promotes mutual understanding and clarity as nuclear negotiations progress.
Axios.com summary: The House passed a symbolic war powers resolution directing President Trump to halt the use of military force against Iran unless he obtains approval from Congress.
The big picture: A classified briefing on the killing of Iranian general Qasem Soleimani [by the US military] left Democrats and even some Republicans deeply skeptical, with many claiming that officials did not provide evidence that there was an "imminent" threat from Iran. Sens. Mike Lee (R-UT) and Rand Paul (R-KY) said they will vote in favor of a similar resolution in the Senate [S J Res 68].
What opponents are saying: Former national security adviser and notorious Iran hawk John Bolton tweeted: "The 1973 War Powers Resolution is unconstitutional. It reflects a fundamental misunderstanding of how the Constitution allocated foreign affairs authority between the President and Congress. The Resolution should be repealed." Pres. Trump quote tweeted Bolton and added: "Smart analysis, I fully agree!"
What supporters are saying: Rep. Matt Gaetz (R-FL) was one of the few Republicans to vote in favor of the resolution, stating on the House floor: "Killing Soleimani was the right decision, but engaging in another forever war in the Middle East would be the wrong decision." Sen. Bernie Sanders (I-VT) introduced legislation that would block funding for offensive military force against Iran without congressional authorization. Rep. Barbara Lee (D-CA) is also seeking to repeal the 2001 Authorization for Use of Military Force (AUMF), which has been used repeatedly to justify war in the Middle East in the wake of 9/11. Lee was the only member of Congress to vote against the AUMF in 2001, criticizing it as a "blank check."
Legislative outcome: H Con Res 83 Passed House 224-194-13 on 1/9/20; S J Res 68 passed Senate 55-45-0 on 2/13/20. Vetoed 5/6; Senate veto override failed 5/7/20.
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