![Secretary of State John Kerry shook hands with Iran Foreign Minister Mohammad Javad Sharif on a nuclear agreement earlier this month. But the two don't agree on what they agreed to. [Credit:vocfm.com]](https://i0.wp.com/www.dougsbriefcase.com/blog/wp-content/uploads/2015/04/credit-vocfm.jpg?resize=300%2C200)
Secretary of State John Kerry shook hands with Iran Foreign Minister Mohammad Javad Sharif on a nuclear agreement earlier this month. But the two don’t agree on what they agreed to. [Credit:vocfm.com]
Such is the debased state into which U.S. foreign policy and constitutional governance have descended.
What Iran and the P5+1 – the five permanent members of the U.N. Security Council plus Germany – agreed to depends on whom you ask. The parties claim to have an accord on the “key parameters of a Joint Comprehensive Plan of Action.” The comprehensive plan itself is a matter of ongoing negotiation, which members hope to conclude by the end of June; its “key parameters” are in dispute.
The joint statement signed by Iran and the P5+1 was concise and to the point. Iran will continue to enrich uranium but only at a single facility. Tehran will grant the International Atomic Energy Agency (IAEA) “announced access through agreed procedures including to clarify past and present issues.” Translation: Iran will permit the IAEA to verify that it isn’t developing nuclear weapons, so long as the inspections are scheduled in advance and conducted according to ground rules acceptable to Iran.
In exchange for those inspections, the E.U. will “terminate the implementation of all nuclear-related economic and financial sanctions and the United States will cease the application of all nuclear-related secondary economic and financial sanctions simultaneously with the IAEA-verified implementation by Iran of its key nuclear commitments.”
The statement is delightfully vague on how quickly the “comprehensive lifting of all sanctions” will take place.
The U.S. description of the agreement is far longer and lists with great specificity the commitments it says Iran made with respect to its enrichment activities, a list Tehran disputes. The State Department document insists that sanctions will be lifted in stages, not immediately. Their “architecture,” the statement says, will remain in place “for much of the duration of the deal.” U.S. and E.U. sanctions “will be suspended after the IAEA has verified that Iran has taken all of its key nuclear-related steps” [emphasis added]. Sanctions will “snap back,” according to the document, “if at any time Iran fails to fulfill its commitments.”
Tehran’s description of the preliminary agreement rejects the notion that sanctions will remain in place “for much of the duration of the deal.” Instead, it says that once the comprehensive plan is in place, “all of the multilateral economic and financial sanctions by the E.U. and the unilateral ones by the U.S. will be annulled.”
The dispute over how quickly sanctions will be removed introduces considerable confusion over just what the parties have agreed to. The President, as my friend Marc Thiessen noted recently in his Washington Post op-ed, has begun to crab-walk away from his previous assertions that sanctions would be lifted gradually, rather than immediately.
Asked by a reporter to be “definitive” about whether sanctions would gradually phase out or be immediately suspended, the President gave a rambling answer that was anything but definitive. “How sanctions are lessened, how we snap back sanctions if there’s a violation,” he said, “there are a lot of different mechanisms and ways to do that.”
The important thing, the President argued, was not how quickly sanctions are removed but how easily they can be restored. “Our main concern here is making sure that if Iran doesn’t abide by its agreement that we don’t have to jump through a whole bunch of hoops in order to reinstate sanctions.”
The President thus may be warming to Tehran’s demand that sanctions end immediately, rather than in stages, so long as they can “snap back.” That “snap-back” language, however, appears neither in the joint statement nor in the Iranian statement. The U.S. is apparently alone in insisting it is part of the agreement.
Moreover, sanctions aren’t elastic, snapping back instantly to their original shape. As the President himself noted, the U.S. “painstakingly built an international coalition” to support sanctions. Reassembling such a coalition will take time and great diplomatic effort were Iran to go rogue.
But though the President’s understanding of the agreement continues to evolve, he has been resolute on this: he will act without seeking Congressional approval. Once a “Joint Comprehensive Plan of Action” is agreed to, the President does not intend to send it down the street to Congress, but to New York, where the U.N. Security Council will ratify it and repeal a series of existing resolutions condemning Iran’s efforts to acquire nuclear weapons.
Senate Foreign Relations Committee Chairman Bob Corker (R‑TN) would very much like for Congress to reassert its constitutional role with respect to international agreements. There’s just one rub: his bill to require the President to get Congressional approval would be vetoed and he doesn’t have the 67 votes needed to override that veto.
So Corker has taken a different tack, one that would establish a procedure for Congress to pass a resolution disapproving the agreement, if a majority of members were to find it unacceptable. The President has said that he would sign the revised Corker bill, but would veto any subsequently adopted resolution of disapproval. That would put Congress right back where it started, powerless to stop the President from implementing a deal that most members believe is detrimental to the national interest.
The Senate is debating the revised Corker bill this week. Some conservatives, including Mr. Thiessen, oppose it. Congress should, they argue, pass the original Corker bill, which would require the President to obtain Congressional approval of his pact with Iran. The legislation would be vetoed, of course, but at least Congress will have gone down fighting for its constitutional prerogatives.
The choice between the original Corker bill and the revised measure is a close one. Under either, Congress would remain a helpless bystander. On balance, my sense is that Congress should pass the revised Corker bill and then, if the comprehensive deal with Iran proves as flawed as expected, adopt a resolution disapproving it.
The President’s veto of that resolution will make clear that he stands alone in accommodating the ayatollahs. This will send an unmistakable signal to Tehran and the world that this agreement is entirely the work of a lame duck President just 18 months removed from private life. A new President would not be bound by U.S. law to abide by the agreement.
That might seem an empty gesture, but Congress has increasingly been reduced to empty gestures. Part of its impotence in foreign affairs is its own doing. Congressional leaders have refused to take up a resolution authorizing our ill-conceived war in Syria and Iraq. The President, to his credit, submitted a draft resolution to Congress. Democrats complained that it was too sweeping; Republicans that it was too limiting. They mutually agreed to let it die, ceding to the President the authority to make war without Congressional authorization.
But while Congress has often foolishly relinquished its own power, its decline is not entirely its fault. Congress has evolved into the least powerful branch, the opposite of what the framers intended, in part because it generally cannot act unilaterally. The other two branches can. And often do.
Courts in recent decades have asserted super-legislative authority. They are expected to do so again this summer, declaring that states must accept the validity of same-sex marriages. In so doing, they will contravene legislation adopted by Congress and signed by the President, as well as acts of state legislatures, referenda and provisions of state constitutions. We have come to accept the legitimacy of such judicial lawmaking, which requires neither presidential signature nor Congressional ratification.
The executive branch has similarly enlarged its sphere of unchecked power. Conservatives still can’t come to terms with the fact that the President will veto Congressional attempts to repeal Obamacare or overturn his immigration policies. They argue that Congress was elected to “stop Obama,” something the Constitution does not empower Congress to do.
Even the legislature’s much heralded “power of the purse” is virtually impossible to exercise absent executive cooperation. The Constitution provides that Treasury can’t spend money unless it is appropriated “by law.” But to become law, an appropriations bill requires either the President’s signature or a 2/3 vote in the House and Senate to override his veto.
Congressional power, in short, is constitutionally circumscribed. The power of the other two branches relies to a great extent on self-restraint. There is little Congress can do – short of impeachment or proposing that states ratify a constitutional amendment – to block a President or a Court bent on expanding its own power.
If the Republic were functioning constitutionally, Congress would serve as an effective check on the President’s power to conclude agreements with foreign governments. Constitutional governance, sadly, remains in a bit of a slump. In the circumstances, the best Congress can do is to pass the new Corker bill and register its disapproval of a misguided agreement with a malignant regime.
The sides only agree to waste our money and take lots of Special Interests funding to stay in office.
They are forever United in these two areas.