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Why Trade Promotion Authority is Constitutional
Heritage Foundation | November, 2001 | Ed Meese II, Todd Gaziano

Posted on 06/17/2015 8:39:34 AM PDT by TNMOUTH

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To: Bobby_Taxpayer

Well stated!


21 posted on 06/17/2015 9:12:42 AM PDT by alstewartfan ("The wheel of fortune changes everything. Don't lose your head now." "Riyadh" by Al Stewart)
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To: TexasCajun

Conservatives vote no on TPP and claim it’s passage it not their fault.


AKA the McConnell two-step dance. Yes on cloture, no on the bill. So predictable.


22 posted on 06/17/2015 9:19:28 AM PDT by lodi90
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To: Isara

TPA is the legislation that enables TPP and two other even more secret “trade” deals. One more time TPA enables TPP. Without TPA, TPP/etc would be subject to a cloture vote. A cloture vote requires 60 yea votes. Under TPA, TPP/etc gets just an up-or-down vote meaning it passes if just 50 Senators vote yea (VP bearks the tie). So TPA lower the bar for passage of TPP to 50 votes instead of the normal 60 votes.


23 posted on 06/17/2015 9:20:21 AM PDT by jpsb (Believe nothing until it has been officially denied)
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To: TNMOUTH

Internationalizing the resources of the United States.


24 posted on 06/17/2015 9:23:44 AM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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To: Isara

We are informed.

TPP is secret. TPA is a vote to allow Obama to make an agreement - TPP - which Congress will vote yes/no without amendments.


25 posted on 06/17/2015 9:26:53 AM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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To: TNMOUTH; Wolfie
It’s laughable to suggest that this does not effect sovereignty. Just last week congress voted to remove country of origin labels from meat following a WTO ruling courtesy of NAFTA. The Gramm–Leach–Bliley Act, which repealed restrictions between commercial and investment banking (Glass–Steagall Act), turned the entire industry into a Wall street casino. This was also necessary for NAFTA compliance.

“Free Trade” is nothing more than cronyism. Quit trying to pretend it's not.

26 posted on 06/17/2015 9:28:30 AM PDT by Roland (We have met the enemy and he is us.)
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To: TNMOUTH

TiSA looks like an even worse deal,
you hate your presidents immigration executive orders,
you can (that is to say must) keep your presidents immigration executive orders (and all of its new friends!).


27 posted on 06/17/2015 9:31:33 AM PDT by BlackAdderess ("Give me a but a firm spot on which to stand, and I shall move the earth". --Archimedes)
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To: RitaOK

Interestingly, if you go back and read about TPA from Heritage, they all supported it back in the early days. Just figured people would be interested.


28 posted on 06/17/2015 9:32:02 AM PDT by TNMOUTH
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To: Isara

I know....this is for those who seem to not be able to grasp that concept.


29 posted on 06/17/2015 9:33:00 AM PDT by TNMOUTH
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To: jpsb

Yep, read that from Phyllis. She is a solid Conservative, so I am interested in her take too.


30 posted on 06/17/2015 9:34:08 AM PDT by TNMOUTH
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To: TNMOUTH; All
There have been a lot of questions and concerns about the ongoing Pacific trade negotiations. Many of those concerns, fueled by the media, stem from confusion about Trade Promotion Authority (TPA) and the proposed Trans-Pacific Partnership (TPP). Let’s unpack the issues one by one.

What are TPA and TPP?
TPA stands for Trade Promotion Authority, also known as “fast track”. TPA is a process by which trade agreements are approved by Congress. Through TPA, Congress sets out up-front objectives for the Executive branch to achieve in free trade negotiations; in exchange for following those objectives, Congress agrees to hold an up-or-down vote on trade agreements without amendments. For the past 80 years, it has proven virtually impossible to negotiate free-trade agreements without the fast-track process.

TPP stands for Trans-Pacific Partnership. TPP is a specific trade agreement currently being negotiated by the United States and 11 other countries, including Canada, Japan, Australia, and New Zealand. China is not a negotiating partner. There is no final language on TPP because negotiations are still ongoing and have been since late 2009. Neither the Senate nor the House has voted yet on the TPP. There will be no vote on TPP until the negotiations are over and the final agreement is sent to Congress.

Some Key Facts:

Does TPA give up the Senate’s treaty power?
No. Under the Constitution, there are two ways to make binding law: (1) through a treaty, ratified by two-thirds of the Senate, or (2) through legislation passed by a majority of both Houses of Congress. TPA employs the second constitutional path, as trade bills always have done. It has long been recognized that the Constitution’s Origination Clause applies to trade bills, requiring the House of Representatives’ involvement.

Does the United States give up Sovereignty by entering into TPP?
No. Nothing in the agreement forces Congress to change any law. TPA explicitly provides that nothing in any trade agreement can change U.S. law. Congress is the only entity that can make U.S. law, and Congress is the only entity that can change U.S. law. Nothing about TPP or TPA could change that.

Does Senator Ted Cruz support TPP?
Senator Cruz has not taken a position either in favor or against TPP. He will wait until the agreement is finalized and he has a chance to study it carefully to ensure that the agreement will open more markets to American-made products, create jobs, and grow our economy. Senator Cruz has dedicated his professional career to defending U.S. sovereignty and the U.S. Constitution. He will not support any trade agreement that would diminish or undermine either.

Does Senator Ted Cruz support TPA?
Yes. Senator Cruz voted in favor of TPA earlier this year because it breaks the logjam that is preventing the U.S. from entering into trade deals that are good for American workers, American businesses, and our economy. Ronald Reagan emphatically supported free trade, and Senator Cruz does as well. He ran for Senate promising to support free trade, and he is honoring that commitment to the voters.

Free trade helps American farmers, ranchers, and manufacturers; indeed, one in five American jobs depends on trade, in Texas alone 3 million jobs depend on trade. When we open up foreign markets, we create American jobs.

TPA also strengthens Congress’ hand in trade negotiations, and provides transparency by making the agreement (including TPP) public for at least 60 days before the Congress can act on any final agreement. Without TPA, there is no such transparency, and the Congress’ role in trade agreements is weaker.

Is TPA Constitutional?
TPA and similar trade authority has been upheld by the Supreme Court as constitutional for more than 100 years.

Does TPA give the President more authority?
No. TPA ensures that Congress has the ability to set the objectives up-front for free trade agreements.

Trade Promotion Authority has been used to reduce trade barriers since FDR. When Harry Reid took over the Senate, he killed it. History demonstrates that it is almost impossible to negotiate a free-trade agreement without TPA. Right now without TPA, America is unable to negotiate free-trade agreements, putting the United States at a disadvantage to China, which is taking the lead world-wide. It is not in America’s interests to have China writing the rules of international trade.

Moreover, Obama is going to be president for just 18 more months. TPA is six-year legislation. If we want the next president (hopefully a Republican) to be able to negotiate free-trade agreements to restart our economy and create jobs here at home then we must reinstate TPA. With a Republican president in office, Senate Democrats would almost certainly vote party-line to block TPA, so now is the only realistic chance.

How can Senator Cruz trust Obama?
He doesn’t. Not at all. No part of Senator Cruz’s support for TPA was based on trusting Obama. However, under TPA, every trade deal is still subject to approval by Congress. If the Obama Administration tries to do something terrible in a trade agreement, Congress can vote it down. And most congressional Democrats will always vote no—because union bosses oppose free trade, so do most Democrats—which means a handful of conservative congressional Republicans have the votes to kill any bad deal. That’s a serious check on presidential power.

Isn’t TPP a “living agreement”?
That particular phrase—a foolish and misleading way to put it—is found in the “summary” portion of one particular section of the draft agreement. That section allows member nations to amend the agreement in the future, expressly subject to the approval of their governments. Thus, if some amendment were proposed in the future, Congress would have to approve it before it went into effect.

But isn’t TPA a secret agreement?
No, it is not. The full text of TPA (fast track) is public. What the Senate just voted for was TPA, not TPP.

Right now, the text of TPP is classified. That is a mistake. Senator Cruz has vigorously called on the Obama administration to make the full text of TPP open to the public immediately. The text being hidden naturally only fuels concerns about what might be in it. Senator Cruz has read the current draft of TPP, and it should be made public now.

Critically, under TPA, TPP cannot be voted on until after the text has been public for 60 days. Therefore, everyone will be able to read it long before it comes up for a vote.

Couldn’t Obama use a trade agreement to grant amnesty to illegal immigrants?
No. There is one section of TPP that concerns immigration, but it affects only foreign nations—the United States has explicitly declined to sign on to that section.

Moreover, Senator Cruz introduced a TPA amendment to expressly prohibit any trade deal from attempting to alter our immigration laws.

Two Republican Senators (Lindsey Graham and Rand Paul) blocked the Senate’s consideration of that amendment, but the House of Representatives has agreed to include that language in the final text of the trade legislation. Thus, assuming the House honors that public commitment, federal law will explicitly prohibit any trade deal from impacting immigration.

And, regardless, no trade agreement can change U.S. law; only Congress can change U.S. law.

31 posted on 06/17/2015 9:35:55 AM PDT by Isara
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To: TNMOUTH
It is extremely difficult for any U.S. President to negotiate significant trade deals if he cannot assure other nations that Congress will refrain from adding numerous amendments and conditions that must then be taken back to the negotiating table.

That is how the Founders wanted it. Equal branches of government having equal input into any agreements. The President does not have the power to negotiate on behalf of this nation by himself. Congress gets to add their input....especially at the end, before the deal is complete....and certainly not in a "take it or leave it" vote.

Without TPA, the President is denied an equal footing when he attempts to negotiate trade agreements on behalf of America.

Boo-hoo! Our President does not speak for the nation or have more power than anyone else. If other nations like dictators, let them have them...we do not need to follow suit.

The TPA legislation currently being debated (H.R. 3005) is clearly constitutional because Congress retains its authority to approve or reject all future trade agreements.

LIE!!! It takes only 51 votes to approve a trade deal and 60 to kill it versus the Constitutional 67 to ratify.

The Constitution grants each house of Congress the authority to establish its own rules of procedure, and it makes perfect sense for Congress to limit itself to straight up-or-down votes on certain resolutions, such as base closures and its own adjournment motions.

Unfortunately, this is not a resolution....but a binding TREATY with another nation....and Congress does not have the authority to change its Constitutional powers, which specifically say a treaty must be ratified by 67 votes in the Senate.

The bottom line here folks, is that there is a whole lotta money involved in these trade deals. Many people are going to enrich themselves. They will kick some of that money into the campaigns of those who support this travesty.

But, because the old, outdated Constitutional method for ratifying agreements with other nations is too DIFFICULT, the greedy have conspired together to shortcut the Constitutional protections and create this Fast Track nonsense so they can ram through trade deal after trade deal with little or no consideration for the welfare of this nation or its citizens.

32 posted on 06/17/2015 9:36:53 AM PDT by Erik Latranyi (Scott Walker - a more conservative governor than Ronald Reagan)
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To: Erik Latranyi

Just posting what they originally said at the Heritage Foundation.


33 posted on 06/17/2015 9:37:51 AM PDT by TNMOUTH
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To: TNMOUTH
I know....this is for those who seem to not be able to grasp that concept.

What we grasp very clearly is that FTA is necessary for the senate to give of it's constitutionally mandated 2/3 requirement for treaties and allow passage of TPP/TiSP/TTIP and whatever other secret legislation they are trying to push through.

34 posted on 06/17/2015 9:40:05 AM PDT by Roland (We have met the enemy and he is us.)
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To: TNMOUTH

<”The Constitution grants each house of Congress the authority to establish its own rules of procedure, and it makes perfect sense for Congress to limit itself to straight up-or-down votes on certain resolutions, such as base closures and its own adjournment motions.”>

How is it that what “each house” is supposed to do by itself is being done for both together by law? Isn’t the Constitution superior to such a law? If such a law were effective, it would mean that each house could not, by itself (without the agreement of the other house and of the President), re-assume its power to exercise its legislative power on the parts of a trade agreement. That seems to me to mean that each house would have diminished its powers.


35 posted on 06/17/2015 9:41:26 AM PDT by buridan
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To: TNMOUTH

It’s simple. Obama is in favor of it, and had a huge hand in negotiating it, so I utterly, unalterably oppose it. I am in favor of 100% gridlock for the next 1.5 years.

He has hurt America with everything he does. Am I to believe the roll over republicans have suddenly reigned him in?
Unlikely.


36 posted on 06/17/2015 9:44:30 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: TNMOUTH

Fast Tracking authority is another matter


37 posted on 06/17/2015 9:48:07 AM PDT by RWGinger
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To: Wolfie

that article is from isn’t it?


38 posted on 06/17/2015 9:49:34 AM PDT by RWGinger
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To: Sir Napsalot

“Esp. these past 10 - 15 years, the name of any bill is exactly opposite of what it was intent to do.”

Truer words were never spoken.
Patriot means domestic surveillance.
Safe streets means gun control.
Affordable healthcare means expensive and crappy socialized medicine.
Dream act means destroy the American dream.
Immigration reform means open the borders.

Today almost every single law means the precise opposite of the title. It’s openly Orwellian.


39 posted on 06/17/2015 9:52:00 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Ray76
TPA is a vote to allow Obama to make an agreement - TPP - which Congress will vote yes/no without amendments.

If the Congress can add amendments to trade agreements after they have been finalized, how long do you think it will take to get an agreement? It will never happen.

By the way, with TPA, the Congress will be updated about the agreement and can give input to any trade agreement during the negotiation period.

40 posted on 06/17/2015 9:54:21 AM PDT by Isara
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