That would be the recent “pact” Obama signed with Hamid Karzai on the anniversary of the Seals taking out Osama bin Laden. It was hailed as mainly symbolic, blah, blah, blah, but now that the news is out about some of what it contained, I can see why they wanted to play it off that way. It is nothing like just being “symbolic,” if you ask me.
Before I get into the meat of it, though, I have to ask – doesn’t the SENATE have to give its mark of approval on any treaty put forth by the President? Now, I’m no Constitutional Scholar or anything, but that is sure what this passage says to me:
The Constitution provides that 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” (Article II, section 2). The Constitution’s framers gave the Senate a share of the treaty power in order to give the president the benefit of the Senate’s advice and counsel, check presidential power, and safeguard the sovereignty of the states by giving each state an equal vote in the treatymaking process. As Alexander Hamilton explained in Federalist no. 75, “the operation of treaties as laws, plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.” The constitutional requirement that the Senate approve a treaty with a two-thirds vote means that successful treaties must gain support that overcomes partisan division. The two-thirds requirement adds to the burdens of the Senate leadership, and may also encourage opponents of a treaty to engage in a variety of dilatory tactics in hopes of obtaining sufficient votes to ensure its defeat.
The Senate does not ratify treaties—the Senate approves or rejects a resolution of ratification. If the resolution passes, then ratification takes place when the instruments of ratification are formally exchanged between the United States and the foreign power(s).[snip] (Click here to read the rest.)
So, what is Obama doing signing a pact all by his own self in the first place?