Obama Uses UN to Bypass Senate’s Treaty Consent Authority

Paris Agreement on climate change, Obama did not even go through the motions. He bypassed Congress altogether

By Joseph A. Klein  / CanadaFreePress.com

President Obama has just committed his most flagrant violation of the U.S. Constitution to date. He purported to commit the United States to a legally binding treaty without first obtaining consent by two thirds of the Senators present, as required under Article II, Section 2 of the Constitution. Obama is using the United Nations to end run the Senate with regard to the Paris Agreement on climate change negotiated last December.

Last week, Obama submitted an instrument to United Nations Secretary General Ban Ki-moon, for deposit with the UN, which he claims signifies official “acceptance” of the Paris Agreement by the United States. Obama said he and China’s President Xi Jinping together decided to “commit formally to joining the agreement ahead of schedule.”

Obama was constitutionally entitled to sign the Paris Agreement as an executive act, which he did in April of this year. However, signing the Paris Agreement was only the first step. In order for the Paris Agreement to actually take effect and enter into legal force, at least 55 countries representing at least 55 percent of global emissions need to formally join the Paris Agreement.  This requires the further step of member states’ “ratification, acceptance or approval” of the Paris Agreement before their emissions can be counted towards fulfilling the 55 percent of global emissions threshold.

The United States is the second highest emitter of emissions, after China. Together the U.S. and China account for around 40 percent of global emissions. If the United States and China were to formally join the Paris Agreement via ratification, acceptance or approval, the 55 percent threshold target would be well within reach.

China presumably had no problem moving forward to formally join the Paris Agreement. However, in order to do his part so that the UN could declare the Paris Agreement to be in legal force sooner rather than later, Obama had to find a way to justify skipping over the constitutional requirement of U.S. Senate consent and still cause the U.S. to become bound to what amounts to a treaty. The answer was to pretend that what the UN itself regards as a treaty, to which its parties would be legally bound once it came into force, was not really a treaty after all.  It was only an executive agreement, the Obama administration argues, that is within the president’s power to enter into without any congressional involvement.

White House senior adviser Brian Deese offered up this sophistry at a White House press conference, held before Obama’s visit to China for the G-20 summit where he would act on the power he was usurping from the legislative branch. Deese claimed that Obama was using “his authority that has been used in dozens of executive agreements in the past to join and formally deposit our instrument of acceptance, and therefore put our country as a party to the Paris Agreement.” Deese tried to distinguish between “treaties that require advice and consent from the Senate” and “a broad category of executive agreements where the executive can enter into those agreements without that advice and consent.”