Congress can resist Obama’s departures from the Constitution.
Despite the Democratic party’s losses in November’s elections, President Obama has audaciously begun ignoring constitutional restraints in order to impose his policy views. This is true not only on domestic issues, such as immigration and Obamacare, but now in foreign and defense policy, too. Checking Obama’s misuse of his foreign-affairs powers should be a top priority for the new Republican majorities in Congress.
Obama’s worldview demands major departures from traditional American foreign policy and threatens to use international agreements to transform domestic policy. For example, as part of his crusade against global warming, Obama signed an amorphous agreement with China last month, ostensibly committing the parties to limit carbon emissions. The president will surely invoke it as a legal basis for sweeping executive orders on climate change. Similarly, now that the president has signed the Arms Trade Treaty (which has no chance of Senate ratification), he may attempt to limit firearms sales through executive action.
Overseas, Obama desperately wants a face-saving deal with Iran that will give him a diplomatic success without legislative constraints and let him leave office without Iranian development of a nuclear weapon. “We wouldn’t seek congressional legislation in any comprehensive agreement for years,” one senior administration official leaked about the Iranian negotiations. Only Iran’s intransigence in pursuit of an even better deal has forced an extension of negotiations from November 24 to next summer.
These assertions of unilateral executive power raise constitutional conflicts of the first order. Congress must first ask whether any of Obama’s agreements include obligations sufficiently grave to amount to a treaty under the Constitution — or, alternatively, whether these potential deals flow from the president’s legitimate constitutional authority in foreign affairs, and thus need not be embodied in treaties.
If, as some reports indicate, the administration has pledged not to use military force against Iran in exchange for a halt to its nuclear-weapons program, such a commitment would almost certainly require Senate ratification. The West cannot rely on Iran’s promises to confine itself to a civilian nuclear program, but if such an agreement were adopted, Tehran would know that Obama would not resort to military force, and Iran’s nukes would dramatically reshape the regional balance of power in its favor.