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Is the Corker Bill Constitutional?
Me | 23 July 2015 | Ben Mugged

Posted on 07/23/2015 12:38:23 PM PDT by Ben Mugged

How can Congress circumvent the Constitution by passing the Corker bill? Has anyone challenged the constitutionality of the Corker bill?

The Corker bill provides a modified process for the review and approval of the treaty with Iran. It circumvents the procedure outlined in the Constitution in effect modifying the Constitution without following the process outlined in the Constitution.

"The President...shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur... Constitution of the United States, Art. II, Sec. 2"


TOPICS: Government
KEYWORDS: iran; treaty
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1 posted on 07/23/2015 12:38:23 PM PDT by Ben Mugged
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To: Ben Mugged

I think it’s unconstitutional.


2 posted on 07/23/2015 12:40:14 PM PDT by DannyTN
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To: Ben Mugged

The old game of standing would be raised if anyone tried to challenge it. Face it, DC is a closed shop. The sooner it goes away, the better. Now comes the Kabuki theater: “we are going to fight this”, right, part two of that statement means send money to the GOPe who set up the rules that let this POS become impossible to overturn.


3 posted on 07/23/2015 12:41:16 PM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Ben Mugged
The actual wording of Article V is: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
4 posted on 07/23/2015 12:41:29 PM PDT by Ben Mugged (He who lacks the will does not need the ability.)
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To: Ben Mugged

Yes.

Treaties require 2/3 vote approval from the US Senate.

Not the other way around.


5 posted on 07/23/2015 12:42:43 PM PDT by Trapped Behind Enemy Lines
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To: Ben Mugged; DannyTN

It isn’t a treaty so it isn’t unconstitutional. That’s why every GOP candidate is out there saying they won’t abide by it if elected - because it isn’t treaty. The next president can just ignore it.


6 posted on 07/23/2015 12:43:42 PM PDT by Wayne07
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To: MrShoop
Washington (CNN)If it looks like a treaty, walks like a treaty and talks like a treaty, is it a treaty?

According to the White House, only if the President of the United States says it is.

That's infuriating Republicans and even some Democrats, who are demanding that the Obama administration submit any final nuclear deal with Iran to Congress for approval.

"This is clearly a treaty," Arizona Sen. John McCain told reporters Tuesday. "They can call it a banana, but it's a treaty."

7 posted on 07/23/2015 12:48:36 PM PDT by Ben Mugged (He who lacks the will does not need the ability.)
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To: MrShoop

And do we think the designated next POTUS, either Hillary or Jeb, will ignore this?

Why on earth the GOPe has facilitated this I do not know. What I do know is that nobody is protecting us.


8 posted on 07/23/2015 12:49:33 PM PDT by Aria
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To: Ben Mugged

Because it isn’t a treaty, it’s an executive agreement. Don’t ask me what the difference is. It’s all semantics. It’s like not needing a declaration of war if you don’t call it a war.


9 posted on 07/23/2015 12:52:40 PM PDT by DoodleDawg
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To: Ben Mugged
Obama, Congress sued over Iran deal [Larry Klayman Lawsuit vs. Unconstitutional Ratification Law - http://www.freerepublic.com/focus/f-news/3315764/posts
10 posted on 07/23/2015 12:53:35 PM PDT by moovova
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To: Ben Mugged

It’s obviously not a treaty, because a treaty requires ratification by 2/3rds vote in the Senate. The good news is that it will lack the force of a treaty.


11 posted on 07/23/2015 12:54:23 PM PDT by Wayne07
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To: Aria

If you are such a defeatist that you think the POTUS is already designated, why waste the time posting? Might as well grab a cold beer and go back to watching TV because we are all doomed.


12 posted on 07/23/2015 12:55:32 PM PDT by Wayne07
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To: Ben Mugged

Larry Klayman just filed a lawsuit.


13 posted on 07/23/2015 12:58:30 PM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Ben Mugged

Why bother asking? We know four Socialists and John Roberts will just rubber-stamp whatever Obama wants anyhow.


14 posted on 07/23/2015 12:58:37 PM PDT by Buckeye McFrog
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To: Ben Mugged

“What difference does it make?” (With the people involved)


15 posted on 07/23/2015 12:59:14 PM PDT by Ingtar (Capitulation is the enemy of Liberty, or so the recent past has shown.)
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To: Ben Mugged

Like Chief Traitor John Roberts said, it isn’t the job of SCOTUS to protect people from the consequences of their political choices.

(But it is the job of SCOTUS to save Obama’s pet law from the consequences of being unconstitutional and illegal).

So, Cokry’s Bill, it’s just whatever, man.


16 posted on 07/23/2015 1:00:31 PM PDT by chris37 (Heartless)
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To: Ben Mugged

Irrelevant.

In a fundamentally transformed America, there is no Constitution.


17 posted on 07/23/2015 1:07:26 PM PDT by Paulie (America without Christianity is like a Chemistry book without the periodic table.)
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To: Ben Mugged
Andrew McCarthy’s Distortion of the Corker Bill (and the Constitution)

The above article claims to make the case why the Corker bill is constitutional. I haven't studied it enough to decide if it has merit.

18 posted on 07/23/2015 1:10:47 PM PDT by DannyTN
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To: Ben Mugged
Andrew McCarthy’s Distortion of the Corker Bill (and the Constitution)

The above article claims to make the case why the Corker bill is constitutional. I haven't studied it enough to decide if it has merit.

19 posted on 07/23/2015 1:10:48 PM PDT by DannyTN
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To: Ben Mugged

As an attorney (but not a Constitutional law expert) I believe that any agreement with a foreign nation is or should be considered a “treaty” - which would require 2/3 approval by the Senate. The Congress has no power under the Constitution to give away its power, so in my view the Corker law is void.

However, you need someone with standing to bring this suit. Klayman is just an ordinary citizen, like all/most of us, so he has no standing here. A Senator, though, particularly one who voted against the law in the first place, would have standing because his powers under the Constitution (to vote on treaties) would have been infringed upon.


20 posted on 07/23/2015 1:31:17 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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