United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 2: United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

Treaty Clause

“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….

ARTICLE II, SECTION 2, CLAUSE 2

What to know about the U.S.-Iran nuclear negotations

Iran Nuclear Negotiations: What’s at Stake? | The New York Times

Iran Nuclear Talks Approaching Deadline

Iran nuclear talks intensify as deadline for deal looms

Kerry defends US policy to continue nuclear talks with Iran

Iran Nuclear Negotiations: Deal or No Deal? / Ted Cruz, Election 2016

Former WH aide Dan Pfeiffer on potential collapse of Iran nuclear talks

Iranium – The Islamic Republic’s Race to Obtain Nuclear Weapons

Saudi nuclear weapons ‘on order’ from Pakistan (BBC Newsnight 7 Nov 2013)

Saudi Nuclear Deal Raises Arms Race Fears

Iran – Nuclear negotiations waste of time says Saudi Arabia

Saudi Arabia reportedly able to acquire nuclear weapons from Pakistan to counter Iran threat

Why do the Saudis Want the US to Attack Iran? (4/5)

Saudi Arabia Showcases Ballistic Missiles in Military Parade

Shocking Histry of saudi Arabia

Walk Away Renee – The left Banke

Walk Away Renee

  1. And when I see the sign that points one way
    The lot we used to pass by every day
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re not to blame
    From deep inside the tears that I’m forced to cry
    From deep inside the pain that I chose to hide
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Your name and mine inside a heart upon a wall
    Still finds a way to haunt me though they’re so small
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re… Full lyrics on Google Play

    Herman’s Hermits – Walk Away Renee (1968)

    The Four Tops – Walk Away Renee (with lyrics on screen)

Pro-Hassan Rouhani Iranian editor defects while covering nuclear talks in Lausanne

Amir Hossein Motaghi says he no longer sees any “sense” in his profession as he could only write as he was told

A close media aide to Hassan Rouhani, the Iranian president, has sought political asylum in Switzerland after travelling to Lausanne to cover the nuclear talks between Tehran and the West.

Amir Hossein Motaghi, who managed public relations for Mr Rouhani during his 2013 election campaign, was said by Iranian news agencies to have quit his job at the Iran Student Correspondents Association (ISCA).

He then appeared on an opposition television channel based in London to say he no longer saw any “sense” in his profession as a journalist as he could only write what he was told.

“There are a number of people attending on the Iranian side at the negotiations who are said to be journalists reporting on the negotiations,” he told Irane Farda television. “But they are not journalists and their main job is to make sure that all the news fed back to Iran goes through their channels.

“My conscience would not allow me to carry out my profession in this manner any more.” Mr Mottaghi was a journalist and commentator who went on to use social media successfully to promote Mr Rouhani to a youthful audience that overwhelmingly elected him to power.

But he was also subject to the bitter internal arguments within the Iranian regime. One news website claimed he had been forced in to report to the ministry of intelligence weekly, and that he had been tipped off that he might be subject to arrest had he returned to Tehran.


Jason Rezalan

He is said to have been a friend of Jason Rezaian, the Iranian-American reporter for the Washington Post who has been detained in Tehran, and to have campaigned privately for his release.

ISCA, which has come under fire from regime hardliners critical of Mr Rouhani, issued a statement denying that Mr Motaghi was in Lausanne to report for it.

“Amir Hossein Motaghi had terminated his contribution to ISCA and this news agency has not had any reporter at the nuclear talks, except for a photojournalist”, it said.

However, critics said Mr Mottaghi was “prey of the exiled counter-revolutionaries” and had gone to Lausanne with the sole purpose of seeking refugee status in Switzerland.

In his television interview, Mr Mottaghi also gave succour to western critics of the proposed nuclear deal, which has seen the White House pursue a more conciliatory line with Tehran than some of America’s European allies in the negotiating team, comprising the five permanent members of the UN security council and Germany.

“The US negotiating team are mainly there to speak on Iran’s behalf with other members of the 5+1 countries and convince them of a deal,” he said.

http://www.telegraph.co.uk/news/worldnews/middleeast/iran/11500145/Pro-Hassan-Rouhani-Iranian-editor-defects-while-covering-nuclear-talks-in-Lausanne.html

NETANYAHU: NUKE DEAL A ‘REWARD FOR IRAN’S AGGRESSION’

Israeli Prime Minister Benjamin Netanyahu has blasted the impending nuclear deal between the P5+1 world powers and the Iranian regime, calling the accord a historically bad agreement that lets Iran race towards nuclear weapons development.

“The deal emerging in Lausanne [Switzerland] sends a message that there is no cost for aggression, and in turn, that there is a reward for Iran’s aggression,” Netanyahu said.

The Israeli Prime Minister vowed to continue fighting against vital threats to the national security of his country.

He added: “We will never close our eyes and we will continue to operate against every threat in every generation, and of course in this generation.”

Netanyahu predicted that many countries in the region would be immediately affected by a bad deal.

“Moderate, responsible countries in the region, primarily Israel but other countries as well, will be the first to be harmed by this agreement,” he said.

On Sunday, the Israeli Prime Minister expressed concern with the Iranian regime’s growing sphere of influence and control.

“After the Beirut-Damascus- Baghdad axis, Iran is carrying out a pincer movement from the south to take over and occupy the entire Middle East. The Iran-Lausanne-Yemen axis is very dangerous to humanity and it must be stopped,” Netanyahu said on Sunday at his weekly cabinet meeting.

Netanyahu suggested in the meeting that the impending nuclear deal likely “paves Iran’s way to the [nuclear] bomb.”

The foreign ministers of Iran and the entire P5+1 world powers met in Switzerland on Monday in hopes to secure a basic framework for a nuclear deal by Tuesday’s March 31 deadline. This marked the first time that all of the negotiating foreign minister’s gathered together at the same event.

Chinese Foreign Minister Wang Yi told the media, “I think it is possible to reach a deal by [Tuesday] night. The gaps are narrowing. I am always optimistic.”

“Our deadline is tomorrow night so obviously we are working very hard,” U.S. Secretary of State John Kerry told reporters.

Treaty Clause

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….

ARTICLE II, SECTION 2, CLAUSE 2

Teacher’s Companion Lesson (PDF)

The Treaty Clause has a number of striking features. It gives the Senate, in James Madison’s terms, a “partial agency” in the President’s foreign-relations power. The clause requires a supermajority (two-thirds) of the Senate for approval of a treaty, but it gives the House of Representatives, representing the “people,” no role in the process.

Midway through the Constitutional Convention, a working draft had assigned the treaty-making power to the Senate, but the Framers, apparently considering the traditional role of a nation-state’s executive in making treaties, changed direction and gave the power to the President, but with the proviso of the Senate’s “Advice and Consent.” In a formal sense, then, treaty-making became a mixture of executive and legislative power. Most people of the time recognized the actual conduct of diplomacy as an executive function, but under Article VI treaties were, like statutes, part of the “supreme Law of the Land.” Thus, as Alexander Hamilton explained in The Federalist No. 75, the two branches were appropriately combined:

The qualities elsewhere detailed as indispensable in the management of foreign relations point out the executive as the most fit in those transactions; while the vast importance of the trust and the operation of treaties as laws plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.

Another reason for involving both President and Senate was that the Framers thought American interests might be undermined by treaties entered into without proper reflection. The Framers believed that treaties should be strictly honored, both as a matter of the law of nations and as a practical matter, because the United States could not afford to give the great powers any cause for war. But this meant that the nation should be doubly cautious in accepting treaty obligations. As James Wilson said, “Neither the President nor the Senate, solely, can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people.”

The fear of disadvantageous treaties also underlay the Framers’ insistence on approval by a two-thirds majority of the Senate. In particular, the Framers worried that one region or interest within the nation, constituting a bare majority, would make a treaty advantageous to it but prejudicial to other parts of the country and to the national interest. An episode just a year before the start of the Convention had highlighted the problem. The United States desired a trade treaty with Spain, and sought free access to the Mississippi River through Spanish-controlled New Orleans. Spain offered favorable trade terms, but only if the United States would give up its demands on the Mississippi. The Northern states, which would have benefited most from the trade treaty and cared little about New Orleans, had a majority, but not a supermajority, in the Continental Congress. Under the Articles of Confederation, treaties required assent of a supermajority (nine out of thirteen) of the states, and the South was able to block the treaty. It was undoubtedly that experience that impelled the Framers to carry over the supermajority principle from the Articles of Confederation.

At the Convention, several prominent Framers argued unsuccessfully to have the House of Representatives included. But most delegates thought that the House had substantial disadvantages when it came to treaty-making. For example, as a large body, the House would have difficulty keeping secrets or acting quickly. The small states, wary of being disadvantaged, also preferred to keep the treaty-making power in the Senate, where they had proportionally greater power.

The ultimate purpose, then, of the Treaty Clause was to ensure that treaties would not be adopted unless most of the country stood to gain. True, treaties would be more difficult to adopt than statutes, but the Framers realized that an unwise statute could simply be repealed, but an unwise treaty remained a binding international commitment, which would not be so easy to unwind.

Other questions, however, remained. First, are the provisions of the clause exclusive—that is, does it provide the only way that the United States may enter into international obligations?

While the clause does not say, in so many words, that it is exclusive, its very purpose—not to have any treaty disadvantage one part of the nation—suggests that no other route was possible, whether it be the President acting alone, or the popularly elected House having a role. On the other hand, while the Treaty Clause was, in the original understanding, the exclusive way to make treaties, the Framers also apparently recognized a class of less-important international agreements, not rising to the level of “treaties,” which could be approved in some other way. Article I, Section 10, in describing restrictions upon the states, speaks of “Treat[ies]” and “Agreement[s]…with a foreign Power” as two distinct categories. Some scholars believe this shows that not all international agreements are treaties, and that these other agreements would not need to go through the procedures of the Treaty Clause. Instead, the President, in the exercise of his executive power, could conclude such agreements on his own. Still, this exception for lesser agreements would have to be limited to “agreements” of minor importance, or else it would provide too great an avenue for evasion of the protections the Framers placed in the Treaty Clause.

A second question is how the President and Senate should interact in their joint exercise of the treaty power. Many Framers apparently thought that the President would oversee the actual conduct of diplomacy, but that the Senate would be involved from the outset as a sort of executive council advising the President. This was likely a reason that the Framers thought the smaller Senate was more suited than the House to play a key role in treaty-making. In the first effort at treaty-making under the Constitution, President George Washington attempted to operate in just this fashion. He went to the Senate in person to discuss a proposed treaty before he began negotiations. What is less clear, however, is whether the Constitution actually requires this process, or whether it is only what the Framers assumed would happen. The Senate, of course, is constitutionally authorized to offer “advice” to the President at any stage of the treaty-making process, but the President is not directed (in so many words) as to when advice must be solicited. As we shall see, this uncertainty has led, in modern practice, to a very different procedure than some Framers envisioned. It seems clear, however, that the Framers expected that the Senate’s “advice and consent” would be a close review and not a mere formality, as they thought of it as an important check upon presidential power.

A third difficult question is whether the Treaty Clause implies a Senate power or role in treaty termination. Scholarly opinion is divided, and few Framers appear to have discussed the question directly. One view sees the power to make a treaty as distinct from the power of termination, with the latter being more akin to a power of implementation. Since the Constitution does not directly address the termination power, this view would give it to the President as part of the President’s executive powers to conduct foreign affairs and to execute the laws. When the termination question first arose in 1793, Washington and his Cabinet, which included Hamilton and Thomas Jefferson, embraced this view. All of them thought Washington could, on his own authority, terminate the treaty with France if necessary to keep the United States neutral.

A second view holds that, as a matter of the general eighteenth-century understanding of the legal process, the power to take an action (such as passing a statute or making a treaty) implies the power to undo the action. This view would require the consent of the President and a supermajority of the Senate to undo a treaty. There is, however, not much historical evidence that many Framers actually held this view of treaty termination, and it is inconsistent with the common interpretation of the Appointments Clause (under which Senate approval is required to appoint but not to remove executive officers).

The third view is that the Congress as a whole has the power to terminate treaties, based on an analogy between treaties and federal laws. When the United States first terminated a treaty in 1798 under John Adams, this procedure was adopted, but there was little discussion of the constitutional ramifications.

Finally, there is a question of the limits of the treaty power. A treaty presumably cannot alter the constitutional structure of government, and the Supreme Court has said that executive agreements—and so apparently treaties—are subject to the limits of the Bill of Rights just as ordinary laws are. Reid v. Covert (1957). InGeofroy v. Riggs (1890), the Supreme Court also declared that the treaty power extends only to topics that are “properly the subject of negotiation with a foreign country.” However, at least in the modern world, one would think that few topics are so local that they could not, under some circumstances, be reached as part of the foreign-affairs interests of the nation. Some have argued that treaties are limited by the federalism interests of the states. The Supreme Court rejected a version of that argument in State of Missouri v. Holland (1920), holding that the subject matter of treaties is not limited to the enumerated powers of Congress. The revival of interest in federalism limits on Congress in such areas as state sovereign immunity, see Seminole Tribe of Florida v. Florida (1996), and the Tenth Amendment, see Printz v. United States (1997), raises the question whether these limits also apply to the treaty power, but the Court has not yet taken up these matters.

Turning to modern practice, the Framers’ vision of treaty-making has in some ways prevailed and in some ways been altered. First, it is not true—and has not been true since George Washington’s administration—that the Senate serves as an executive council to advise the President in all stages of treaty-making. Rather, the usual modern course is that the President negotiates and signs treaties independently and then presents the proposed treaty to the Senate for its approval or disapproval. Washington himself found personal consultation with the Senate to be so awkward and unproductive that he abandoned it, and subsequent Presidents have followed his example.

Moreover, the Senate frequently approves treaties with conditions and has done so since the Washington administration. If the President makes clear to foreign nations that his signature on a treaty is only a preliminary commitment subject to serious Senate scrutiny, and if the Senate takes seriously its constitutional role of reviewing treaties (rather than merely deferring to the President), the check that the Framers sought to create remains in place. By going beyond a simple “up-or-down” vote, the Senate retains some of its power of “advice”: the Senate not only disapproves the treaty proposed by the President but suggests how the President might craft a better treaty. As a practical matter, there is often much consultation between the executive and members of the Senate before treaties are crafted and signed. Thus modern practice captures the essence of the Framers’ vision that the Senate would have some form of a participatory role in treaty-making.

A more substantial departure from the Framers’ vision may arise from the practice of “executive agreements.” According to the Restatement of Foreign Relations Law of the United States, the President may validly conclude executive agreements that (1) cover matters that are solely within his executive power, or (2) are made pursuant to a treaty, or (3) are made pursuant to a legitimate act of Congress. Examples of important executive agreements include the Potsdam and Yalta agreements of World War II, the General Agreement on Tariffs and Trade, which regulated international trade for decades, and the numerous status-of-forces agreements the United States has concluded with foreign governments.

Where the President acts pursuant to a prior treaty, there seems little tension with the Framers’ vision, as Senate approval has, in effect, been secured in advance. Somewhat more troublesome is the modern practice of so-called congressional–executive agreements, by which some international agreements have been made by the President and approved (either in advance or after the fact) by a simple majority of both houses of Congress, rather than two-thirds of the Senate. Many of these agreements deal particularly with trade-related matters, which Congress has clear constitutional authority to regulate. Congressional–executive agreements, at least with respect to trade matters, are now well established, and recent court challenges have been unsuccessful. Made in the USA Foundation v. United States (2001). On the other hand, arguments for “complete interchangeability”—that is, claims that anything that can be done by treaty can be done by congressional–executive agreement—seem counter to the Framers’ intent. The Framers carefully considered the supermajority rule for treaties and adopted it in response to specific threats to the Union; finding a complete alternative to the Treaty Clause would in effect eliminate the supermajority rule and make important international agreements easier to adopt than the Framers wished.

The third type of executive agreement is one adopted by the President without explicit approval of either the Senate or the Congress as a whole. The Supreme Court and modern practice embrace the idea that the President may under some circumstances make these so-called sole executive agreements. United States v. Belmont (1937); United States v. Pink (1942). But the scope of this independent presidential power remains a serious question. The Pink and Belmont cases involved agreements relating to the recognition of a foreign government, a power closely tied to the President’s textual power to receive ambassadors (Article II, Section 3). The courts have consistently permitted the President to settle foreign claims by sole executive agreement, but at the same time have emphasized that the Congress has acquiesced in the practice. Dames & Moore v. Regan (1981);American Insurance Ass’n v. Garamendi (2003). Beyond this, the modern limits of the President’s ability to act independently in making international agreements have not been explored. With respect to treaty termination, modern practice allows the President to terminate treaties on his own. In recent times, President James Earl Carter terminated the U.S.–Taiwan Mutual Defense Treaty in 1977, and President George W. Bush terminated the ABM Treaty with Russia in 2001. The Senate objected sharply to President Carter’s actions, but the Supreme Court rebuffed the Senate in Goldwater v. Carter (1979). President Bush’s action was criticized in some academic quarters but received general acquiescence. In light of the consensus early in Washington’s administration, it is probably fair to say that presidential termination does not obviously depart from the original understanding, inasmuch as the Framers were much more concerned about checks upon entering into treaties than they were about checks upon terminating them.

http://www.heritage.org/constitution#!/articles/2/essays/90/treaty-clause

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