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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: Isara; Eric in the Ozarks

“Anything to do with our current WH occupant must be viewed with suspicion.”

and what if Hillary gets the next 4-8 years?


61 posted on 06/17/2015 12:19:48 PM PDT by make no mistake
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To: semimojo
Article 2, Section II US Constitution:

...He [POTUS]shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;

Yes, Congress can amend it as much as they want.

62 posted on 06/17/2015 12:34:01 PM PDT by Erik Latranyi (Scott Walker - a more conservative governor than Ronald Reagan)
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To: Erik Latranyi
...He [POTUS]shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;

Yes, Congress can amend it as much as they want

Which is why trade agreements are not implemented as treaties but as congressional-executive agreements.

The time for congressional input on the negotiation is before it's concluded, If Congress doesn't like the way the President acted on their input they can choose not to approve the agreement.

63 posted on 06/17/2015 12:54:55 PM PDT by semimojo
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To: make no mistake

That will mean Bill can start dating again.


64 posted on 06/17/2015 1:15:31 PM PDT by Eric in the Ozarks ("If he were working for the other side, what would he be doing differently ?")
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To: Isara
Interesting article, but it’s no secret that unions are strongly opposed to this along with many dems. Although in this case I believe they’re correct. The GOP has always relied on funding from the chamber of commerce and business. Unfortunately these days there is much cronyism and unethical greed that hides behind capitalism. The corporate attorneys involved in the trade negotiations are not there to represent our interests or even small business but a very select group. I wonder how much of a payoff it requires get your lawyer on the negotiation team.
65 posted on 06/17/2015 1:27:42 PM PDT by Roland (We have met the enemy and he is us.)
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To: TNMOUTH

I think we all understand the HERITAGE Report. However, that was then and this is now. People then, were not shaking in their boots under a Marxist.

Our country seems to be at a tipping point now. There is no tolerance for placing any more power in the hands of this president.

I don’t know why you people blow right past that. Fear matters. Did the Heritage Report measure that?


66 posted on 06/17/2015 2:02:54 PM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming)
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To: Isara

Don’t let yourself be used by TPP proponents trying to pass a mystery meat bill. TPA is a way for TPP, TTIP, and TISA to be crammed down with only a perfunctory period for public comment.

Those trade agreements need to be brought out to the open and stopped cold.


67 posted on 06/17/2015 2:03:24 PM PDT by setha (It is past time for the United States to take back what the world took away.)
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To: Jane Long

You know things are bad when even Democrats won’t empower their own prez. %8x)

As for Ed Meese. Defenders are having to reach into the Stone Age to find explainers that approve of Obama in the driver’s seat on this deal. Somehow, they all seem to think we are against a trade deal, per se. (Okay, so I’m approaching Stone Age.)

We don’t need a history lesson on Trade, or tutoring on process. We need a different president. No one can guarantee this one, and that fact should matter.

Stay dry, wherever you are! :)


68 posted on 06/17/2015 2:12:07 PM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming)
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To: RitaOK

No, we know about Obama.

But, this actually came about in 1992...right before Clinton. Now, Clinton ain’t as bad as Obama, but let’s not pretend that Far Leftist Presidents havent’ had this power.


69 posted on 06/17/2015 2:24:52 PM PDT by TNMOUTH
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To: DesertRhino

True insult to everybody’s intelligence.

They (politicians) assume everybody as dumb as Obama voters.


70 posted on 06/17/2015 2:57:00 PM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: Isara

Enjoy your chains.


71 posted on 06/17/2015 4:32:11 PM 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: Eric in the Ozarks

I was just reading about Moochell going on a $600,000 vacation on taxpayer’s dime. If Bill gets back in the whitehouse, we will be paying for those dates. : (


72 posted on 06/17/2015 5:54:08 PM PDT by make no mistake
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To: Ray76
Enjoy your chains.

I always enjoy my chains of thoughts. Thank you!

I hope you do the same with your chains.

73 posted on 06/17/2015 6:57:45 PM PDT by Isara
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To: Isara
Leading Anti-’ObamaTrade’ Activist Is a Longtime Democrat Political Operative

By tailoring his disinformation to appeal to conservatives, the career Democrat operative is attempting to make the Trade Promotion Authority (TPA) and Trans-Pacific Partnership (TPP) toxic to Republicans.

Lachlan Markay of the Washington Free Beacon looked into the group behind the anti- TPP website, ObamaTrade.com, and found it is funded by Curtis Ellis, the progressive three-time Dem candidate for Congress.

Curtis Ellis leads a group called the American Jobs Alliance that vehemently opposes the pending Trans-Pacific Partnership (TPP) and “fast-track” authority that would expedite its congressional consideration. Ellis calls the latter “ObamaTrade.”

74 posted on 06/17/2015 7:00:08 PM PDT by Isara
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To: Isara
Under threat of trade retaliation from Canada and Mexico, the House has voted to to repeal a law requiring country-of-origin labels on packages of beef, pork and poultry.

The World Trade Organization rejected a U.S. appeal last month, ruling the labels that say where animals were born, raised and slaughtered are discriminatory against the two U.S. border countries.

Agriculture Secretary Tom Vilsack has said it's up to Congress to change the law to avoid retaliation from the two countries.

http://apnews.myway.com/article/20150611/us-congress-meat-labeling-11265046c4.html

Clink clink clink.
75 posted on 06/17/2015 10:00:36 PM 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: Attention Surplus Disorder
Nobody especially cares whether it’s Constituional. People oppose it because it sucks for America and Americans, and is bound to be gamed by insiders like every other damned thing in this corrupt government.

Exactly. Just because it's Constitutional doesn't mean it's good. There's a ton of "Constitutional" stuff that's extremely bad for this country.

TPA forces bad provisions to remain, because the agreement can't be amended.

To me, this artificial creation of pressure to pass is just a bad idea in general.

Congress is supposed to be a deliberative body. So let them deliberate over all these provisions written and engineered by various special interests who, believe it or not, mihgt not have the best interests of the People in mind.

Let the world wait for the USA.

And if they want to proceed without us, then see where that gets them.

They ALL want access to our markets.

So let them wait, and let Congress slog through it like the deliberative body they're supposed to be.

"Hurry! Hurry! Hurry! It's an emergency! We have to get this done NOW or the universe will explode!"

What a crock...

76 posted on 06/17/2015 10:11:42 PM PDT by sargon
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To: semimojo
Which is why trade agreements are not implemented as treaties but as congressional-executive agreements.

Please cite the constitutional authority to create congressional-executive agreements.

77 posted on 06/18/2015 3:39:30 AM PDT by Erik Latranyi (Scott Walker - a more conservative governor than Ronald Reagan)
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To: Erik Latranyi
Please cite the constitutional authority to create congressional-executive agreements.

Congress and the executive agree to approach problems via legislation all the time - that's what's happening here.

The issue seems to be that this is an international agreement, but I'm not aware of any constitutional problem with extending normal legislation to govern international interactions, and the federal courts have agreed.

These agreements have been how every trade deal since 1890 has been implemented, and there haven't been any successful challenges on constitutional grounds. I'm not a constitutional scholar but here's Ed Meese and the Heritage foundation explaining why in their view TPA is constitutional:

http://www.freerepublic.com/focus/f-news/3301189/posts

Here's another analysis giving some good history of these agreements:

http://www.freerepublic.com/focus/f-news/3293941/posts

78 posted on 06/18/2015 4:39:24 AM PDT by semimojo
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To: semimojo
Congress and the executive agree to approach problems via legislation all the time - that's what's happening here.

The constitution does not allow the federal government to approach such problems by being creative.

If trade is not a treaty, then trade belongs to the states.

Since, we know the states could not do trade agreements, they must fall under one of the enumerated powers.

The federal government does not get to invent powers.

The courts have been wrong on this, like they have been on so many issues in the past.

The mere fact that they want to make it easier to pass a trade bill than to kill it should be all you need to know this is subversive to the process.

79 posted on 06/18/2015 5:29:22 AM PDT by Erik Latranyi (Scott Walker - a more conservative governor than Ronald Reagan)
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To: Erik Latranyi
If trade is not a treaty, then trade belongs to the states.

Since, we know the states could not do trade agreements, they must fall under one of the enumerated powers.

So you're seriously saying that the only way for the federal government to address international trade is via treaty? The House could never have any say in legislating international trade activity?

There have been over 5000 international agreements implemented this way, very few have been challenged and none have been ruled unconstitutional. And don't forget this isn't the act of one rogue Supreme Court - it's been the norm for over 100 years.

We can say everyone is misinterpreting the constitution but us, but when it's you vs. Reagan's attorney general it's probably more productive to deal with the reality - everyone that matters in our system say's congressional-executive agreements constitutional.

80 posted on 06/18/2015 5:47:24 AM PDT by semimojo
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