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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:
- Neither the Senate nor the House has voted yet on the TPP.
- Congress is the only entity that can make U.S. law and nothing about TPP or TPA could change that.
- TPA gives the Congress more control up-front over free trade agreements.
- TPA mandates transparency by requiring all trade agreements (including TPP) to be made public for at least 60 days before the Congress can act on them.
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.
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Ted Cruz Ping! Good, bad or ugly.
The GOP now owns this bill with 190 GOP reps voting for this bill in the house.
It’s bad and ugly.
Clear, concise. Thanks.
my head hurts from this issue. I believe Cruz. But most are not going to take the time to read what’s going on. We are a very reactionary country. As are all people I guess.
This bill will create jobs in some areas and take away in others. Adjusting is what life is all about, I guess. I could be wrong.
This is all about irresponsibility. They are giving the kool aid decision to Obama who they might as well call Rabi Auschwitz.
The one question is was not asked/answered. Since he is able to read the trade agreement, would he currently support the present version of the trade agreement.
When Cruz states the United State has not signed on to the immigration sections of TPP, just exactly who is he talking about ? Obama’s lawyers ? Our legislators have had no input into TPP.
You are not wrong. By the way, my head hurts too!
Yeah Ted, the US Constitution wasn’t a living document when it was signed either.
Bless Senator Sessions efforts!
He tried to warn us!
Actions have consequences.
How can we trust Senator Cruz?
This press release is so full of misstatements that one is compelled to reassess support for Ted Cruz, and I can think of a no more painful undertaking.
At least i know i’m not the only one :)
Supporting some American businesses by destroying other American businesses, is not supporting America. It is supporting your campaign contibutors, whoever they might be. My guess is this is really a national security issue. Similar to the horrible decision to run nuclear power plants that explode and meltdown if external power is lost. They are prepping the world for the next war. The BRICS are excluded. So they will now promote those companies vital for their war efforts and destroy those that are not.
Sorry. Cruz' points may be in theory, not in current reality. Some one else put it like this (h/t: sevenwheel)
I've lived in and around Chicago my entire life, and what we have been seeing during the course of the Obama administration is very familiar. The administration is attempting to recast the United States Congress into a national version of the Chicago City Council, with the President playing the part of the Mayor.
Chicago has, in theory, a legislative body, the City Council, that in theory drafts, debates and votes on city ordinances. The political reality is quite different. The Aldermen do not draft ordinances or craft legislation. All ordinances and legislation come directly from the Mayor's office. The Aldermen are expected and required to vote lockstep with the mayor. In exchange, they are given enough political power to dish out political favors and enough financial support to defeat their opposition and remain Aldermen for life. They can make calls to get potholes fixed, move permits through City Hall, get broken trash cans replaced, and get extra police patrols. They get unofficial veto power over liquor licenses and business licenses. Corruption is tolerated and overlooked, and in a certain sense expected and required for those seeking to advance in City government. Anyone who votes against the Mayor, or tries to fight corruption, or seems too clean to trust finds themselves shut out. ..... (you can read more at link)
This is an outright lie. The Fate of TPP/TiSA/TTIP will be determined by TPA. AS Cruz pointed out during the obamacare debate "A Vote For Cloture Is A Vote For Obamacare". TPA functions the came as cloture by removing the senate 2/3rds requirement.
It's obvious that the 2/3rds requirement is currently preventing passage of trade. I will consider support ONLY when I have seen the bills. The passage of TPA will guarantee passage of trade bills BEFORE the public has viewed them.
The Republicans are mounting the most egregious betrayal of their country in history. Ted Cruz is right with them. That talking point crap can’t spin it away.
Still learning about TPA/TPP
I do find it interesting that India and China are the biggest drain on USA jobs and are not included in either of these agreements.
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