![\"Secretary](\"https:\/\/i0.wp.com\/www.dougsbriefcase.com\/blog\/wp-content\/uploads\/2015\/04\/credit-vocfm.jpg\")
<\/a>Sec\u00adre\u00adtary of State John Ker\u00adry shook hands with Iran For\u00adeign Min\u00adis\u00adter Moham\u00admad Javad Sharif on a nuclear agree\u00adment ear\u00adli\u00ader this month. But the two don\u2019t agree on what they agreed to. [Credit:vocfm.com]<\/p><\/div>The par\u00adties to the Iran nuclear agree\u00adment don\u2019t agree on what they agreed to. Con\u00adgress is strug\u00adgling to agree on how to express its dis\u00adagree\u00adment with the agreement.\n
Such is the debased state into which U.S. for\u00adeign pol\u00adi\u00adcy and con\u00adsti\u00adtu\u00adtion\u00adal gov\u00ader\u00adnance have descended.<\/p>\n
What Iran and the P5<\/span>+1 \u2013 the five per\u00adma\u00adnent mem\u00adbers of the U.N. Secu\u00adri\u00adty Coun\u00adcil plus Ger\u00admany \u2013 agreed to depends on whom you ask. The par\u00adties claim to have an accord on the \u201ckey para\u00adme\u00adters of a Joint Com\u00adpre\u00adhen\u00adsive Plan of Action.\u201d The com\u00adpre\u00adhen\u00adsive plan itself is a mat\u00adter of ongo\u00ading nego\u00adti\u00ada\u00adtion, which mem\u00adbers hope to con\u00adclude by the end of June; its \u201ckey para\u00adme\u00adters\u201d are in dispute.<\/p>\n The joint state\u00adment<\/a> signed by Iran and the P5<\/span>+1 was con\u00adcise and to the point. Iran will con\u00adtin\u00adue to enrich ura\u00adni\u00adum but only at a sin\u00adgle facil\u00adi\u00adty. Tehran will grant the Inter\u00adna\u00adtion\u00adal Atom\u00adic Ener\u00adgy Agency (IAEA<\/span>) \u201cannounced access through agreed pro\u00adce\u00addures includ\u00ading to clar\u00adi\u00adfy past and present issues.\u201d Trans\u00adla\u00adtion: Iran will per\u00admit the IAEA<\/span> to ver\u00adi\u00adfy that it isn\u2019t devel\u00adop\u00ading nuclear weapons, so long as the inspec\u00adtions are sched\u00aduled in advance and con\u00adduct\u00aded accord\u00ading to ground rules accept\u00adable to Iran.<\/p>\n In exchange for those inspec\u00adtions, the E.U. will \u201cter\u00admi\u00adnate the imple\u00admen\u00adta\u00adtion of all nuclear-relat\u00aded eco\u00adnom\u00adic and finan\u00adcial sanc\u00adtions and the Unit\u00aded States will cease the appli\u00adca\u00adtion of all nuclear-relat\u00aded sec\u00adondary eco\u00adnom\u00adic and finan\u00adcial sanc\u00adtions simul\u00adta\u00adne\u00adous\u00adly with the IAEA<\/span>-ver\u00adi\u00adfied imple\u00admen\u00adta\u00adtion by Iran of its key nuclear commitments.\u201d<\/p>\n The state\u00adment is delight\u00adful\u00adly vague on how quick\u00adly the \u201ccom\u00adpre\u00adhen\u00adsive lift\u00ading of all sanc\u00adtions\u201d will take place.<\/p>\n The U.S. descrip\u00adtion<\/a> of the agree\u00adment is far longer and lists with great speci\u00adfici\u00adty the com\u00admit\u00adments it says Iran made with respect to its enrich\u00adment activ\u00adi\u00adties, a list Tehran dis\u00adputes<\/a>. The State Depart\u00adment doc\u00adu\u00adment insists that sanc\u00adtions will be lift\u00aded in stages, not imme\u00addi\u00adate\u00adly. Their \u201carchi\u00adtec\u00adture,\u201d the state\u00adment says, will remain in place \u201cfor much of the dura\u00adtion of the deal.\u201d U.S. and E.U. sanc\u00adtions \u201cwill be sus\u00adpend\u00aded after<\/em> the IAEA<\/span> has ver\u00adi\u00adfied that Iran has tak\u00aden all<\/em> of its key nuclear-relat\u00aded steps\u201d [<\/em>empha\u00adsis added].<\/em> Sanc\u00adtions will \u201csnap back,\u201d accord\u00ading to the doc\u00adu\u00adment, \u201cif at any time Iran fails to ful\u00adfill its commitments.\u201d<\/p>\n Tehran\u2019s descrip\u00adtion<\/a> of the pre\u00adlim\u00adi\u00adnary agree\u00adment rejects the notion that sanc\u00adtions will remain in place \u201cfor much of the dura\u00adtion of the deal.\u201d Instead, it says that once the com\u00adpre\u00adhen\u00adsive plan is in place, \u201call of the mul\u00adti\u00adlat\u00ader\u00adal eco\u00adnom\u00adic and finan\u00adcial sanc\u00adtions by the E.U. and the uni\u00adlat\u00ader\u00adal ones by the U.S. will be annulled.\u201d<\/p>\n The dis\u00adpute over how quick\u00adly sanc\u00adtions will be removed intro\u00adduces con\u00adsid\u00ader\u00adable con\u00adfu\u00adsion over just what the par\u00adties have agreed to. The Pres\u00adi\u00addent, as my friend Marc Thiessen not\u00aded recent\u00adly in his Wash\u00ading\u00adton Post op-ed<\/a>,<\/span> has begun to crab-walk away from his pre\u00advi\u00adous asser\u00adtions that sanc\u00adtions would be lift\u00aded grad\u00adu\u00adal\u00adly, rather than immediately.<\/p>\n Asked by a reporter to be \u201cdefin\u00adi\u00adtive\u201d about whether sanc\u00adtions would grad\u00adu\u00adal\u00adly phase out or be imme\u00addi\u00adate\u00adly sus\u00adpend\u00aded, the Pres\u00adi\u00addent gave a ram\u00adbling answer that was any\u00adthing but defin\u00adi\u00adtive. \u201cHow sanc\u00adtions are less\u00adened, how we snap back sanc\u00adtions if there\u2019s a vio\u00adla\u00adtion,\u201d he said<\/a>,<\/span> \u201cthere are a lot of dif\u00adfer\u00adent mech\u00ada\u00adnisms and ways to do that.\u201d<\/p>\n The impor\u00adtant thing, the Pres\u00adi\u00addent argued, was not how quick\u00adly sanc\u00adtions are removed but how eas\u00adi\u00adly they can be restored. \u201cOur main con\u00adcern here is mak\u00ading sure that if Iran doesn\u2019t abide by its agree\u00adment that we don\u2019t have to jump through a whole bunch of hoops in order to rein\u00adstate sanctions.\u201d<\/p>\n The Pres\u00adi\u00addent thus may be warm\u00ading to Tehran\u2019s demand that sanc\u00adtions end imme\u00addi\u00adate\u00adly, rather than in stages, so long as they can \u201csnap back.\u201d That \u201csnap-back\u201d lan\u00adguage, how\u00adev\u00ader, appears nei\u00adther in the joint state\u00adment<\/a> nor in the Iran\u00adian state\u00adment<\/a>. The U.S. is appar\u00adent\u00adly alone in insist\u00ading it is part of the agreement.<\/p>\n More\u00adover, sanc\u00adtions aren\u2019t elas\u00adtic, snap\u00adping back instant\u00adly to their orig\u00adi\u00adnal shape. As the Pres\u00adi\u00addent him\u00adself not\u00aded, the U.S. \u201cpainstak\u00ading\u00adly built an inter\u00adna\u00adtion\u00adal coali\u00adtion\u201d to sup\u00adport sanc\u00adtions. Reassem\u00adbling such a coali\u00adtion will take time and great diplo\u00admat\u00adic effort were Iran to go rogue.<\/p>\n But though the President\u2019s under\u00adstand\u00ading of the agree\u00adment con\u00adtin\u00adues to evolve, he has been res\u00adolute on this: he will act with\u00adout seek\u00ading Con\u00adgres\u00adsion\u00adal approval. Once a \u201cJoint Com\u00adpre\u00adhen\u00adsive Plan of Action\u201d is agreed to, the Pres\u00adi\u00addent does not intend to send it down the street to Con\u00adgress, but to New York, where the U.N. Secu\u00adri\u00adty Coun\u00adcil will rat\u00adi\u00adfy it and repeal a series of exist\u00ading res\u00ado\u00adlu\u00adtions con\u00addemn\u00ading Iran\u2019s efforts to acquire nuclear weapons.<\/p>\n Sen\u00adate For\u00adeign Rela\u00adtions Com\u00admit\u00adtee Chair\u00adman Bob Cork\u00ader (R\u2011TN<\/span>) would very much like for Con\u00adgress to reassert its con\u00adsti\u00adtu\u00adtion\u00adal role with respect to inter\u00adna\u00adtion\u00adal agree\u00adments. There\u2019s just one rub: his bill<\/a> to require the Pres\u00adi\u00addent to get Con\u00adgres\u00adsion\u00adal approval would be vetoed and he doesn\u2019t have the 67 votes need\u00aded to over\u00adride that veto.<\/p>\n So Cork\u00ader has tak\u00aden a dif\u00adfer\u00adent tack<\/a>,<\/span> one that would estab\u00adlish a pro\u00adce\u00addure for Con\u00adgress to pass a res\u00ado\u00adlu\u00adtion dis\u00adap\u00adprov\u00ading<\/em> the agree\u00adment, if a major\u00adi\u00adty of mem\u00adbers were to find it unac\u00adcept\u00adable. The Pres\u00adi\u00addent has said that he would sign the revised Cork\u00ader bill, but would veto any sub\u00adse\u00adquent\u00adly adopt\u00aded res\u00ado\u00adlu\u00adtion of dis\u00adap\u00adproval. That would put Con\u00adgress right back where it start\u00aded, pow\u00ader\u00adless to stop the Pres\u00adi\u00addent from imple\u00adment\u00ading a deal that most mem\u00adbers believe is detri\u00admen\u00adtal to the nation\u00adal interest.<\/p>\n The Sen\u00adate is debat\u00ading the revised Cork\u00ader bill this week. Some con\u00adser\u00adv\u00ada\u00adtives, includ\u00ading Mr. Thiessen, oppose it. Con\u00adgress should, they argue, pass the orig\u00adi\u00adnal Cork\u00ader bill, which would require the Pres\u00adi\u00addent to obtain Con\u00adgres\u00adsion\u00adal approval of his pact with Iran. The leg\u00adis\u00adla\u00adtion would be vetoed, of course, but at least Con\u00adgress will have gone down fight\u00ading for its con\u00adsti\u00adtu\u00adtion\u00adal prerogatives.<\/p>\n The choice between the orig\u00adi\u00adnal Cork\u00ader bill and the revised mea\u00adsure is a close one. Under either, Con\u00adgress would remain a help\u00adless bystander. On bal\u00adance, my sense is that Con\u00adgress should pass the revised Cork\u00ader bill and then, if the com\u00adpre\u00adhen\u00adsive deal with Iran proves as flawed as expect\u00aded, adopt a res\u00ado\u00adlu\u00adtion dis\u00adap\u00adprov\u00ading it.<\/p>\n The President\u2019s veto of that res\u00ado\u00adlu\u00adtion will make clear that he stands alone in accom\u00admo\u00addat\u00ading the aya\u00adtol\u00adlahs. This will send an unmis\u00adtak\u00adable sig\u00adnal to Tehran and the world that this agree\u00adment is entire\u00adly the work of a lame duck Pres\u00adi\u00addent just 18 months removed from pri\u00advate life. A new Pres\u00adi\u00addent would not be bound by U.S. law to abide by the agreement.<\/p>\n That might seem an emp\u00adty ges\u00adture, but Con\u00adgress has increas\u00ading\u00adly been reduced to emp\u00adty ges\u00adtures. Part of its impo\u00adtence in for\u00adeign affairs is its own doing. Con\u00adgres\u00adsion\u00adal lead\u00aders have refused to take up a res\u00ado\u00adlu\u00adtion autho\u00adriz\u00ading our ill-con\u00adceived war<\/a> in Syr\u00adia and Iraq. The Pres\u00adi\u00addent, to his cred\u00adit, sub\u00admit\u00adted a draft res\u00ado\u00adlu\u00adtion to Con\u00adgress. Democ\u00adrats com\u00adplained<\/a> that it was too sweep\u00ading; Repub\u00adli\u00adcans that it was too lim\u00adit\u00ading. They mutu\u00adal\u00adly agreed to let it die, ced\u00ading to the Pres\u00adi\u00addent the author\u00adi\u00adty to make war with\u00adout Con\u00adgres\u00adsion\u00adal authorization.<\/p>\n But while Con\u00adgress has often fool\u00adish\u00adly relin\u00adquished its own pow\u00ader, its decline is not entire\u00adly its fault. Con\u00adgress has evolved into the least pow\u00ader\u00adful branch, the oppo\u00adsite of what the framers intend\u00aded, in part because it gen\u00ader\u00adal\u00adly can\u00adnot act uni\u00adlat\u00ader\u00adal\u00adly. The oth\u00ader two branch\u00ades can. And often do.<\/p>\n Courts in recent decades have assert\u00aded super-leg\u00adisla\u00adtive author\u00adi\u00adty. They are expect\u00aded to do so again this sum\u00admer, declar\u00ading that states must accept the valid\u00adi\u00adty of same-sex mar\u00adriages. In so doing, they will con\u00adtra\u00advene leg\u00adis\u00adla\u00adtion adopt\u00aded by Con\u00adgress and signed by the Pres\u00adi\u00addent, as well as acts of state leg\u00adis\u00adla\u00adtures, ref\u00ader\u00aden\u00adda and pro\u00advi\u00adsions of state con\u00adsti\u00adtu\u00adtions. We have come to accept the legit\u00adi\u00adma\u00adcy of such judi\u00adcial law\u00admak\u00ading, which requires nei\u00adther pres\u00adi\u00adden\u00adtial sig\u00adna\u00adture nor Con\u00adgres\u00adsion\u00adal ratification.<\/p>\n The exec\u00adu\u00adtive branch has sim\u00adi\u00adlar\u00adly enlarged its sphere of unchecked pow\u00ader. Con\u00adser\u00adv\u00ada\u00adtives still can\u2019t come to terms with the fact that the Pres\u00adi\u00addent will veto Con\u00adgres\u00adsion\u00adal attempts to repeal Oba\u00admacare<\/a> or over\u00adturn his immi\u00adgra\u00adtion poli\u00adcies<\/a>. They argue that Con\u00adgress was elect\u00aded to \u201cstop Oba\u00adma,\u201d some\u00adthing the Con\u00adsti\u00adtu\u00adtion does not empow\u00ader Con\u00adgress to do.<\/p>\n Even the legislature\u2019s much her\u00adald\u00aded \u201cpow\u00ader of the purse\u201d is vir\u00adtu\u00adal\u00adly impos\u00adsi\u00adble to exer\u00adcise absent exec\u00adu\u00adtive coop\u00ader\u00ada\u00adtion. The Con\u00adsti\u00adtu\u00adtion<\/a> pro\u00advides that Trea\u00adsury can\u2019t spend mon\u00adey unless it is appro\u00adpri\u00adat\u00aded \u201cby law.\u201d But to become law, an appro\u00adpri\u00ada\u00adtions bill requires either the President\u2019s sig\u00adna\u00adture or a 2\/3 vote in the House and Sen\u00adate to over\u00adride his veto.<\/p>\n Con\u00adgres\u00adsion\u00adal pow\u00ader, in short, is con\u00adsti\u00adtu\u00adtion\u00adal\u00adly cir\u00adcum\u00adscribed. The pow\u00ader of the oth\u00ader two branch\u00ades relies to a great extent on self-restraint. There is lit\u00adtle Con\u00adgress can do \u2013 short of impeach\u00adment or propos\u00ading that states rat\u00adi\u00adfy a con\u00adsti\u00adtu\u00adtion\u00adal amend\u00adment \u2013 to block a Pres\u00adi\u00addent or a Court bent on expand\u00ading its own power.<\/p>\n If the Repub\u00adlic were func\u00adtion\u00ading con\u00adsti\u00adtu\u00adtion\u00adal\u00adly, Con\u00adgress would serve as an effec\u00adtive check on the President\u2019s pow\u00ader to con\u00adclude agree\u00adments with for\u00adeign gov\u00adern\u00adments. Con\u00adsti\u00adtu\u00adtion\u00adal gov\u00ader\u00adnance, sad\u00adly, remains in a bit of a slump. In the cir\u00adcum\u00adstances, the best Con\u00adgress can do is to pass the new Cork\u00ader bill and reg\u00adis\u00adter its dis\u00adap\u00adproval of a mis\u00adguid\u00aded agree\u00adment with a malig\u00adnant regime.<\/p>\n","protected":false},"excerpt":{"rendered":" The par\u00adties to the Iran nuclear agree\u00adment don\u2019t agree on what they agreed to. Con\u00adgress is strug\u00adgling to agree on how to express its dis\u00adagree\u00adment with the agree\u00adment. Such is the debased state into which U.S. for\u00adeign pol\u00adi\u00adcy and con\u00adsti\u00adtu\u00adtion\u00adal \u2026 Con\u00adtin\u00adue read\u00ading