In yet another demonstration of contempt for the Constitution, President Obama and his administration are pursuing what the New York Times characterizes as a “sweeping international climate change agreement to compel nations to cut their planet-warming fossil fuel emissions” — absent any input from Congress.
The Constitution requires a two-thirds majority approval by the Senate to ratify any legally binding treaty. The Obama administration plans to sidestep that requirement by calling the agreement a “politically binding” deal that would substitute for an actual treaty. It would consist of voluntary pledges, combined with obligations from a 1992 U.N. treaty known as the United Nations Framework Convention on Climate Control. That 22-year-old agreement was reached at the “Earth Summit” in Rio de Janeiro, Brazil. The U.S. Senate ratified the agreement on October 7, 1992, and President Bush Sr. signed it six days later, making it legally binding.
The Obama administration contends that simply adding the additional voluntary pledges to the agreement obviates the need for another ratification process. “There’s some legal and political magic to this,” said Jake Schmidt, an expert in global climate negotiations with the Natural Resources Defense Council, a leftist advocacy group. “They’re trying to move this as far as possible without having to reach the 67-vote threshold.”
Not magic. Just another attempt by the Obama administration to kick Congress to the curb in pursuit of an agenda that has absolutely no chance of getting majority approval in Congress, much less a two-thirds vote of approval in the Senate. In 1997, the Kyoto climate control treaty was rocketed into oblivion with a 96-0 bipartisan vote. Another effort was undertaken in Copenhagen in 2009, but once again the attempt to forge a legally binding agreement failed. Obama attended that conference, hoping to put America in alignment with the global community, but he did so with no support whatsoever from Republicans, along with opposition from several Democrats representing states that rely heavily on coal power for energy and jobs. Democrats made it clear they wouldn’t accept any treaty or agreement threatening that status quo. In 2010, “cap and trade” legislation failed in the Senate for the same reason.
The Obama administration is undeterred by such inconvenient realities. In June, once again absent any input from Congress, the Environmental Protection Agency (EPA) proposed regulations aimed at cutting existing greenhouse gas emissions from existing power plants 30 percent by 2030. The move has engendered lawsuits in the in the U.S. Court of Appeals in the District of Columbia from at least a dozen coal-reliant states. It has also engendered a warning from North Dakota Democrat Sen. Heidi Heitkamp, whose state relies on coal-generated electricity for a whopping 80 percent of its power needs. “When that is done, and the stake is through the heart of coal, they will come for you next,” Heitkamp told representatives from the natural gas industry. She also added a dose of reality to the mix. “In my lifetime we will not transition away from coal,” she contended.