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Ted Cruz: No, TPP is NOT a ‘living agreement’
The Right Scoop ^ | Jun 12, 2015

Posted on 06/18/2015 10:38:37 AM PDT by SoConPubbie

I know this is probably moot for now, but I think it’s important that we have all the information. Cruz went to the trouble of putting this on his website today as a further explanation of his position on TPA/TPP to conservatives.

Here is the portion mentioned in the title:

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.

The full document is below:

Senator Cruz entirely understands the widespread suspicion of the President. Nobody has been more vocal in pointing out the President’s lawlessness or more passionate about fighting his usurpation of congressional authority.

Senator Cruz would not and will not give President Obama one more inch of unrestricted power.

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.



TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: 2016election; cruz; election2016; tedcruz; texas; tisa; tpa; tpp; wikileaks
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To: nathanbedford
Congressional-executive agreements i.e. laws between the United States and foreign countries have been routinely upheld by the Supreme Court. These have been upheld but nevertheless are substitutes for treaties requiring two thirds approval by the Senate. My view and the view of Lawrence Tribe (proving that law as well as politics makes for strange bedfellows) is that this is an unconstitutional act. My view and Lawrence Tribe's view is distinctly minority

I agree with that, and said as much in one of my replies to you. The reason your statements about all of that is non-responsive is because it is not the subject of the statements Cruz made in his explanation. I am not sure whether you are not understanding that, or if you actually have a hatred toward Cruz that is coloring your thought process here, or if you are intentionally changing the subject to dodge admitting that you are wrong.

The reason you are wrong in your assertions about the bills under discussion, when you claim they change the Constitution, is that they are not about treaties, and Ted Cruz was referring to treaties.

101 posted on 06/20/2015 5:15:34 AM PDT by savedbygrace (But God!)
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To: nathanbedford

Again, non-responsive. You quoted something I did not say. Apparently, you are incapable of admitted error of any kind. Sheesh.

This discussion is over.


102 posted on 06/20/2015 6:05:37 AM PDT by savedbygrace (But God!)
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To: savedbygrace
You quoted something I did not say.

No doubt you remain oblivious and are quite unaware that you have demonstrated perfectly my assertion in #98:

It is quite obvious that you either do not comprehend or simply do not read that which is addressed to you.

I wearily acknowledge your assertion that this discussion is over


103 posted on 06/20/2015 7:02:12 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: savedbygrace; nathanbedford; All
Again, non-responsive. You quoted something I did not say. Apparently, you are incapable of admitted error of any kind. Sheesh.

This discussion is over.

And you lost.

nathan's arguments have been perfectly responsive, "on point" (I'm assuming you know what that means), and most importantly, correct. Your problem is simply that you don't like the conclusions, and you've argued (actually, blustered and ad hominemed) yourself into such a box that your only remaining option is to petulantly "pick up your marbles", proclaim "victory" and leave.

nathan, once again Freepers owe you thanks for your outstanding efforts in analyzing and explaining the various issues confronting us. Moreover, you do this while refusing to succumb to the temptation to descend into the ad hominem and dishonest, semantic sophistry and misdirection tactics of your opponents.

As you, and others, have noted in these threads, these opponents of the rule of law (and by that I mean the original intent of the Framers, not the "let's call a treaty a trade agreement so we can circumvent that intent") and the intent of the Founding Fathers that our government should actually represent the People, have won this battle. Unfortunately, they will re-discover all too soon that it was a Pyrrhic victory, but by then it will be too late.

104 posted on 06/20/2015 7:10:34 AM PDT by tarheelswamprat
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To: tarheelswamprat

You drew that conclusion without reading what I wrote.

I agree, and have written in this thread and elsewhere on FR, that the administration and the Congress have wrongly agreed that this monstrosity is an agreement, not what is obviously is, a treaty.

I have an issue with at least some of those in your camp who claim that the Constitution has been changed because of that. No, it has not. And this is not the first treaty that an administration and a Congress have agreed to call an agreement.

Also, this is not the first time Congress has agreed to fast track treaties that they call agreements.

Then some of those in your camp join Dimocrats and “progressives” in trying to claim Ted Cruz is trying to change the Constitution by his vote in favor of the fast track legislation. Then, when questioned about that, they claim they are being subjected to ad hominem attacks. Nonsense.

So I challenge you: Point me to a post I wrote with such an attack, and quote it. Or admit that you wrongly accused me of ad hominem attacks.


105 posted on 06/20/2015 9:50:40 AM PDT by savedbygrace (But God!)
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106 posted on 06/21/2015 2:53:42 PM PDT by SunkenCiv (What do we want? REGIME CHANGE! When do we want it? NOW)
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To: savedbygrace; nathanbedford
savedbygrace, I apologize for this delayed reply; I went out of town to the neighboring "big city" Saturday on some personal business, then stayed for dinner with friends, arriving home late. Today has been church and Fathers Day stuff, so I'm just now getting back to Free Republic. The thread is cold and everyone has moved on, but you deserve the courtesy of a reply. I've pinged nathanbedford because he was the recipient of one of your ad hominem comments.

re: You drew that conclusion without reading what I wrote.

Not true, I have read everything you wrote in this thread. You really should learn the concept that people might simply disagree with what you've said. You have absolutely no basis for accusing me of such. Further, this is an example of the ad hominem logical fallacy. Ad hominem literally means "to the man", i.e. directed against a person rather than the position they are maintaining. You're arguing against me, not dealing with what I said.

Regarding - I agree, and have written in this thread and elsewhere on FR, that the administration and the Congress have wrongly agreed that this monstrosity is an agreement, not what is obviously is, a treaty.

And - I have an issue with at least some of those in your camp who claim that the Constitution has been changed because of that. No, it has not. And this is not the first treaty that an administration and a Congress have agreed to call an agreement. Also, this is not the first time Congress has agreed to fast track treaties that they call agreements.

It is simply amazing, and somewhat sad, that you don't seem to realize you've contradicted yourself in this thread. You acknowledge these trade agreements are really treaties, yet you've criticized others for pointing out that Ted Cruz is hiding behind the legalistic technicalities of this stratagem/tactic Congress and the courts created one hundred years ago as a means of circumventing the higher approval threshold for treaties in order to justify his vote for what you just acknowledged is a treaty.

Your problem in this thread, and indeed that of the other Cruz apologists, is your dogged defense of Cruz's support of this whole dishonest, deceptive and cynically contrived stratagem for bypassing Constitutional limitations they just happen to not like.

Re: - Then some of those in your camp join Dimocrats and “progressives” in trying to claim Ted Cruz is trying to change the Constitution by his vote in favor of the fast track legislation. Then, when questioned about that, they claim they are being subjected to ad hominem attacks. Nonsense.

It is not nonsense - it's fact. They've been called Cruz haters/bashers, trouble makers, etc., anything to avoid actually adressing the objections raised.

Re: - So I challenge you: Point me to a post I wrote with such an attack, and quote it. Or admit that you wrongly accused me of ad hominem attacks.

Post 95 - I will place more stock in the constitutional legal opinion of a man who has argued a number of cases before the USSC, and won most of those, than the opinion of an unknown person posting on the Internet. How many arguments before the USSC have you made?

You managed here to combine two logical fallacies in the same comment. The first sentence is an example of the fallacy of "argument by higher authority". No one questions Cruz's intelligence, even brilliance, nor his legal qualifications and his record of successful litigation before SCOTUS/USSC.

The problem, which you and the others have doggedly refused to acknowledge, is whether he's being honest. As history amply shows, intelligence and professional competence can just as easily be employed to further a lie as the truth. What has dismayed so many formerly ardent Cruz supporters, myself included, is that Cruz has decided to cast his lot with those who wish to use a dishonest, deceptive process to impose an agenda which the American people overwhelmingly reject.

Let me be explicitly clear. I understand perfectly that every constitutional and legal point that Cruz has made is correct, "technically" correct, that is. Unfortunately, in the tradition of the ancient Greek Sophists, Cruz is using these "true facts" to deceive and further the bigger lie. The whole TPP/TPA/TAA definitional circus is merely Congressional kabuki theater and flim-flammery; its purpose is to confuse enough people to allow the elites to ram home their agenda.

Your second sentence, "How many arguments before the USSC have you made?" is an example of an ad hominem fallacy because it impugns the qualifications/fitness of the person, nathanbedford, to even argue the issue, instead of addressing the actual points he made. Another point you need to understand, the term ad hominem is not necessarily required to be expressed in mean, abusive or vulgar language, although some seem to think so. What it actually means, as stated above, is that the person employing it is questioning or impugning the qualifications/fitness/motives of their opponent rather than addressing the points of their argument.

To recapitulate, you demanded So I challenge you: Point me to a post I wrote with such an attack, and quote it. Or admit that you wrongly accused me of ad hominem attacks. I have done so. It would be good if you were to send nathan an apology, but that's up to you. It's time for all of us to move on.

107 posted on 06/21/2015 3:57:40 PM PDT by tarheelswamprat
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To: tarheelswamprat

Nope.

You still do not seem to understand. The bill in question does not change the Constitution. I do disagree with calling what should be a treaty an agreement, but this labeling has been upheld. I am arguing that nathan was wrong to claim that Cruz and the agreement are changing the Constitution.

By voting for fast track, Cruz is neither changing the Constitution nor supporting the “agreement”.

And asking how many cases he has argued before USSC is NOT ad hominem. By saying I would put more stock in the person who has argued and won cases before the USSC, I was not using “Appeal to Authority”, which called “argument by higher authority”.

An Appeal to Authority is a fallacy with the following form:

Person A is (claimed to be) an authority on subject S.
Person A makes claim C about subject S.
Therefore, C is true.

I did not do that, Rather, I put “more stock” in Cruz because of his success. I did not draw any conclusion only from his success. I made contributed far more argument and evidence than that.

Your charge of ad hominem and Appeal to Authority are both false.

And still, nobody has proven, or even offered any evidence, that Cruz and/or the fast track legislation has changed the Constitution. That is the issue at hand. Trying to change the argument to something else comes close to the Straw Man fallacy.


108 posted on 06/21/2015 4:18:04 PM PDT by savedbygrace (But God!)
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To: savedbygrace

My arguments are correct, and I understand the issue perfectly. Your arguments are not merely wrong, they’re dishonest. You’re embarrassing yourself.


109 posted on 06/21/2015 4:38:39 PM PDT by tarheelswamprat
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To: tarheelswamprat

I see. Just claim victory without any evidence or argument. Brilliant. You must be so proud.

You really do deserve this intentional ad hominem: You argue like a Dimocrat.

And you obviously have no shame for your defective and deceptive statements. Shame on you.

Now THAT’S an ad hominem. Much deserved.


110 posted on 06/21/2015 5:14:31 PM PDT by savedbygrace (But God!)
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To: tarheelswamprat

Are you nathanbedford? Using a second FR account? LOL.

jk


111 posted on 06/21/2015 5:17:21 PM PDT by savedbygrace (But God!)
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