Surprise! The States Can Reject the Iran Deal

Article posted on July 23rd, 2015 by WhatAmIMissingHere

DID YOU KNOW? red Rubber Stamp over a white background. BasicEDITOR’S COMMENT: Maybe, there’s hope yet that this Iran deal will not be approved or completed.

By Joel B. Pollak

The Obama administration has sent the Iran nuclear deal to Congress for a 60-day review provided by the Corker bill. However, President Barack Obama has pre-empted Congress by going to the UN Security Council first, which has already voted to end international sanctions and accept the deal. Furthermore, even if Congress rejects the deal, it will struggle to muster a two-thirds majority to override the president’s veto.

There is one effective way, however, that the Iran deal can be rejected: states and local governments can refuse to comply with it.

That may come as a surprise. States and local governments do not play much of a role in foreign policy. However, they cannot be forced to implement an international treaty or agreement that is not self-executing–i.e. one whose implementation requires new congressional laws.

Thanks to the victory at the Supreme Court by then-Texas Solicitor General

Sen. Ted Cruz (R-TX) in Medellín v. Texas (2008), it is a settled principle in constitutional law that states cannot be forced to comply with international treaties unless Congress has passed statutes giving them effect.

The Iran deal stipulates (p. 15):

  1. If a law at the state or local level in the United States is preventing the implementation of the sanctions lifting as specified in this JCPOA, the United States will take appropriate steps, taking into account all available authorities, with a view to achieving such implementation. The United States will actively encourage officials at the state or local level to take into account the changes in the U.S. policy reflected in the lifting of sanctions under this JCPOA and to refrain from actions inconsistent with this change in policy.

The Iran deal obligates the federal government to take “appropriate steps” to cancel state and local restrictions, and requires the government to refrain from further sanctions in the future. The truth is that the federal government has no constitutional authority to do so.    (my emphasis)

READ all of Joel Pollak’s comments from Breitbart here.

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