The Senate and Iran’s Bomb

http://www.wsj.com/articles/the-senate-and-irans-bomb-1423266425?mod=hp_opinion

Obama rejects a role for Congress that it has long played on arms control.

The ghost of Scoop Jackson is hovering over the Obama Administration’s troubles with the Senate and its nuclear negotiations with Iran. Senator Henry M. “Scoop” Jackson, a respected national-security Democrat from Washington state, was often a thorn in the side of Presidents who were negotiating arms-control agreements with the Soviet Union in the 1970s. President Obama wishes Senate critics such as Democrat Robert Menendez and Republican Bob Corker would simply get their noses out of the deal. This President needs a history lesson: Senate involvement in arms-control agreements goes back at least 50 years.

Threatening vetoes of anything the Senate sends him on Iran, President Obama seems to think his job is to negotiate nuclear arms agreements unilaterally, while the Senate’s job is to keep its mouth shut.

It was never thus.

The idea of nuclear-arms agreements negotiated by an Administration with little or no input from Congress is a relatively recent phenomenon. The Clinton Administration unilaterally negotiated the 1994 Agreed Framework with North Korea to stop its construction of nuclear reactors. The George W. Bush Administration followed, producing five sets of Six-Party Talks with North Korea. They all fell apart because the North Koreans cheated by continuing to test nuclear devices and develop missiles capable of delivering a bomb.

The Obama negotiation with Iran is called P5+1, which asks everyone to believe that the five permanent members of the United Nations Security Council, plus Germany, can be trusted to put Iran’s nuclear genie to sleep. That arms-control model may appeal to the Nobel Peace Prize committee, but it should not impress U.S. Senators.

The Senate’s experience with nuclear-arms control dates at least to the Kennedy Presidency in 1963 and the Limited Nuclear Test Ban Treaty, which emerged after eight years of negotiations with the Soviet Union. Like virtually all Soviet-era arms agreements, that deal was a formal treaty and subject to the Constitution’s treaty-making process: The President may commit the U.S. to a treaty with the advice and consent of two-thirds of the Senate. The Senate ratified the Kennedy test ban 80-19.

With a few exceptions, that public process was followed for decades. The agreements were openly debated by Senators with input, pro and con, by national-security specialists from inside and outside the government.

The Nuclear Non-Proliferation Treaty was negotiated during the Johnson Presidency and ratified under Richard Nixon in 1969. Nixon then undertook negotiations for the first Strategic Arms Limitation Talks (SALT I). That produced the Anti-Ballistic Missile Treaty, which the Senate ratified 88-2. SALT I never became a formal, permanent treaty. It was a temporary deal, lasting five years, and Nixon submitted it to Congress for approval by votes in both the Senate and House.

President Obama’s Iran deal sounds like Nixon’s temporary interim SALT accord. But while Nixon understood the need to get Congress’s formal approval, the Obama White House refuses to note even the existence of Mr. Corker’s proposed up-or-down vote on an Iran deal.

When the Soviet Union invaded Afghanistan in 1979 and amid the Iranian hostage crisis, President Carter withdrew the SALT II treaty with the Soviets, knowing the Senate would never ratify it. During the Reagan years, Senators were preoccupied with nuclear verification and compliance. How, the Senators asked, would we know if the Soviets were cheating, and what would we do about it if they did cheat?

As the Reagan team pressed in 1987 for ratification of the INF treaty on medium-range nuclear weapons, Senator Sam Nunn, then the Democratic chairman of the Armed Services Committee, said, “We are going to have a major debate on verification, in the context of both this agreement and the next one.” Leading national-security figures testified in hearings, all of it covered and debated in major newspapers and television. It was a valuable exercise in American governance. The Senate ratified INF in May 1988, 93-5.

George H.W. Bush concluded the START treaty on longer-range nuclear weapons in 1991, which the Senate also ratified, as it did START II in 1996 under Bill Clinton.

Barack Obama’s Iran project is the outlier in the history of arms control. His insistence that no one may interfere in his negotiations has only increased misgivings in Congress about the details. If Mr. Obama were pursuing the traditional route to gain approval of an Iran agreement, exposing it to formal public debate and a vote, there would have been no need for Speaker John Boehner to invite Israeli Prime Minister Benjamin Netanyahu to address Congress.

Details matter. The Defense Intelligence Agency in its annual threat assessment last February said, “In addition to its growing missile and rocket inventories, Iran is seeking to enhance lethality and effectiveness of existing systems with improvements in accuracy and warhead designs.”

Missile delivery systems and warhead design were make-or-break issues during arms agreements with the Soviet Union. In Mr. Obama’s negotiations with Iran, they are virtually non-subjects.

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Senators Menendez, Corker and Mark Kirk have led the effort for more accountability on an Iranian arms deal. President Obama’s response is a threat to veto any advice or consent the Senate may enact that doesn’t simply assent to whatever he signs. What an irony that his unilateral point man is former Senate Foreign Relations Chairman John Kerry .

This new Senate needs to re-establish its traditional role in letting the American people know what is in—and what is not in—these deals with the next generation of nations seeking nuclear bombs.

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