Bush disregards Congress’ role in treaties

Last week, Hillary Clinton brought up a point at a debate that hasn’t generated nearly enough attention: “[Bush] has continued to say he can enter into an agreement with the Iraqi government, without bringing it for approval to the United States Congress, that would continue America’s presence in Iraq long after President Bush leaves office. I find that absolutely unacceptable, and I think we have to do everything we can to prevent President Bush from binding the hands of the next president.” She re-emphasized it this week, noting that the president is “intent upon negotiating a long-term agreement with Iraq which would have permanent bases, permanent troop presence,” without congressional permission.

Other lawmakers seem to be picking up on the scope of the problem.

Several House members strongly urged the Bush administration Wednesday to seek congressional approval for any agreement with Iraq defining the two nations’ political, economic and security relationship in the years ahead.

At a joint hearing of two House Foreign Affairs subcommittees, Democrats criticized the White House’s apparent plan to negotiate and implement such an agreement without congressional input or ratification. And one Republican on the panel described widespread GOP bristling at the administration’s disregard for Congress on important issues like this.

“I am a Republican, and at times I am embarrassed by the lack of cooperation that this president and his appointees have had with the legislative branch,” said Dana Rohrabacher of California. “There is a seething resentment by members of Congress who are Republicans by the fact that this administration has not even cooperated with us, much less with . . . members of some other party.”

By “some other party,” I assume Rohrabacher is referring to the congressional majority, but nevertheless, his point is well taken. The Bush White House, which has always considered Congress more of a nuisance than a co-equal branch of government, isn’t even communicating with Republicans anymore.

And given Article II, Sec. 2 of the Constitution, Bush’s plans for an “arrangement” with Iraq aren’t going over well on the Hill.

The administration plans to finish writing by July a U.S.-Iraq pact that would cover relations between the two countries from 2009 onward.

In November, President Bush and Iraqi Prime Minister Nouri al-Maliki signed a “declaration of principles” setting forth the broad outlines of the agreement. The most controversial element would provide “security assurances and commitments” to help Iraq with its internal and external defenses against a wide array of enemies.

In announcing the agreement last fall, the president’s top adviser on the wars in Iraq and Afghanistan, Lt. Gen. Douglas E. Lute, told reporters he did not believe the agreement would constitute “a formal treaty, which would then bring us to formal negotiations or formal inputs from Congress.”

But Democrats in both chambers are lining up behind measures that would effectively require congressional approval of any U.S.-Iraq agreement…. “The White House should be on notice that as a prerequisite to any agreement making the kind of commitments envisioned in the declaration of principles, Congress must be an integral part of the discussions and negotiations from the beginning,” said Bill Delahunt , D-Mass., chairman of the International Organizations panel.

He added that he has found no evidence of such consultation with Congress and that the administration declined invitations to four officials to testify about the issue.

Of course it did.

The WaPo’s Ruth Marcus wrote a year ago this week, “[In a nutshell,] this executive branch treats its supposedly equal partner: as an annoying impediment to the real work of government. It provides information to Congress grudgingly, if at all. It handles letters from lawmakers like junk mail, routinely tossing them aside without responding.”

It’s only gotten worse since then. If Congress doesn’t want it to continue, and establish a feckless precedent, lawmakers are going to have to start pushing back in earnest.

If Congress doesn’t want it to continue, and establish a feckless precedent, lawmakers are going to have to start pushing back in earnest.

Yeah. What are the chances of the democrats even standing firm on this, let alone the republicans not obstructing efforts? I’d say take it to the courts and sue to have any unilateral agreement struck down, but I wouldn’t bet the Roberts Supreme Court would actually enforce the Constitution either.

  • After the Vegas debate we had a discussion on whether it mattered that Obama admitted he isn’t a detail guy. Many took the position that the President shouldn’t micromanage anyway, so what does it matter. This is a good example, however, of where I think HRCs penchant for the nuts and bolts stuff serves us very well. I’m not saying Obama wouldn’t have caught this or done something about it, but everyone keeps saying (of all 3 leading Dems) “what leadership have you shown or are you showing in your current position?” Here is a nice example of HRC picking up on the type of dry, non-media-friendly inside baseball and pressing it to the forefront, leading others in Congress to pay attention to an important issue.

    Of course, given how well the Democrats have followed where Dodd has correctly tried to lead, it remains to be seen whether it matters. All the leadership in the world doesn’t always matter if the followers suck.

  • So—what happens if he enters into this “contract” with Iraq? At the very most, it can only be binding so long as he is president. His replacement can merely elect to unilaterally withdraw from the agreement—Bu$h himself has set that precedent.

    His replacement can also unilaterally decide to “cease and desist” from seeking future Congressional funding for the Iraq debacle. Given the clout of the Maliki-Tiki-Tavi government, what are they going to do—call us a bad name and throw a shoe at us? Day one of the next President’s term—evacuate that billion-dollar boondoggle commonly known as “the new Embassy,” bomb it into eternity, commence immediate demolition of all permanent bases, and start bringing troops and support personnel home. The sitting President makes that decision; not the ex-guy, and not his loaded courts.

  • “The White House should be on notice…”

    Yes, but more importantly, the Iraqi government should be officially placed on notice that this agreement may not be followed or recognized post January 19, 2009.

  • “Article II, Sec. 2 of the Constitution”? — heh — Constitution, Shmonstitution. Why are we surprised by another dictatorial act by this administration? They’ll use the same attitude to probably bomb Iran sometime after the election. Not fearing even a hint of accountability, such as censure or an impeachment threat, allows them to act with impunity. As a guide for any future, similar administration, we should be scared shitless.

    In the meanwhile, it seems probable that the Repugs will probably use a treaty for our eternal presence in Iraq as a campaign issue, a proof that we’ve “won.”

  • The Bush White House, which has always considered Congress more of a nuisance than a co-equal branch of government, isn’t even communicating with Republicans anymore.

    The Bush White House rarely consulted with Congressional Republicans even when they were the majority party and completely subservient to his whims. Consider the number of times Bill Frist got called to White House, scolded by the president for speaking out of line and sent back to make a complete fool of himself. Consider the fact that he could easily have had his NSA spying legalized if he had simply asked for it. His contempt of Congress is completely bipartisan.

  • All post-2009 funding can come from the RNC and the Heritage Foundation…

    Who else on the right is lining up to pay for this when the taxpayers are done?

    It’s a lot easier to contemplate when you are spending someone else’s lives and treasure

  • “…If Congress doesn’t want it to continue, and establish a feckless precedent, lawmakers are going to have to start pushing back in earnest.”

    According to Pelosi that would just interfere with ‘policy making’.

  • I know, since Bush wants us to stay there forever, and since Dems (allegedly) want out ASAP, let’s do the right thing and split the difference. That way we’ll get out… NEVER.

    Can someone please smack Reid and Pelosi over the head until they realize that compromising with Bush is a losing game?

  • now Rick, they wont cave that quickly. they’re too busy caving on the FISA bill. one cave at a time, you know.

  • I don’t understand why Congress has to beg Bush to please play nice. Article II, Section 2 seems perfectly clear that the Senate has to ratify any such treaty by a two-thirds majority. So what’s the problem? Anything Bush does unilaterally is nonbinding. If he tries to enforce it, he’ll be impeached, right? Because that would be a criminal act on his part.

    No to worry. Nancy Pelosi is standing by ready to put that baby on the table, right?

  • Of course, if Bush did go to the Senate for ratification, we all know what would happen.

    Dems fold, we’re in Iraq forever.

    So it’s better that he thumbs his nose at Congress. Then some of his unconstitutional actions can be reversed when the Dems take over in 2008.

    Right? Right? . . . I don’t hear anybody.

  • It should come as no surprise that Bush intends to commit the next president to Iraq also, putting in place a set of circumstances that will make it much easier to stay than to go. The surprise for me is that Clinton seems to be against it.

    As Steve pointed out, the new president could simply elect to unilaterally withdraw from the agreement, since Bush set that precedent. However, Bush is betting that Democratic sense of fair play will not permit the new president to do that – that he or she will prefer to negotiate their way out of the minefield. And a minefield it is, because any Republicans who remain will agitate for a long-term presence.

    America will never withdraw from the Middle East as long is most of the planet’s oil is located there – that’s a given, and not even unreasonable so long as the industrialized and developing nations continue to drive a petroleum-based economy. America has to keep its hand in, or find itself a perpetual and dependent customer to the new owners and principal investors. The grief most everybody has with it is that America’s presence in the Middle East presently consists almost exclusively of military force. This presupposes that the United States is not going to negotiate for control, it is simply going to seize it. Since all the bases in Saudi Arabia were abandoned, America needs a new Middle East address.

    So, where’s it going to be?

  • This isn’t just a case of needing to push back, or to push back harder; this is a president who has an Office of Legal Counsel staffed with highly educated and loyal adherents of the unitary executive theory, who are ready, willing and able to write memos with the force of statute that give him the authority to do whatever he damn well pleases – he’s done it over and over again, and there is nothing to suggest that he has any intention of stopping.

    This is the administration that claims executive privilege and invokes the state secrets defense whenever it looks like the Congress or an outside watchdog group or ordinary citizens might be getting close to knowing what the hell is really going on.

    This is where impeachment – in my opinion – would have proved to be a valuable and necessary tool. And when you consider that we can threaten nuclear annhilation against other countries by leaving that option on the table, but cannot get our own party to consider it as an option, much less trigger this constitutionally authorized imperative that is meant to protect our own freakin’ democracy, it makes you wonder whether we have all fallen down the rabbit hole and spent too much time at the Mad Hatter’s tea party

  • Bush has said it before and I don’t see why Congress is so flustered by this. W thinks that Congress’ responsibility is to sign the checks that he makes out. Bush to Congress: shut up and pay the man. The Decider makes the decisions and Congress congressifies about them. What’s so hard to understand about this principle?

  • Tthe question is will Congress the feckless fight GW or will it capitulate as always. Congress is supposed to uohold the Constitution but seems to only uphold the earmarks held out by this administration. What happened to for the people …by the people and with the people. Politicians in there greed do not care for Americans. The only good American is one who has been brainwashed to vote for their lies and deceit. Then it is every politician for them selves. Look at Clinton’s and the dirt they are throwing to win. HClinton is just more of the same.And her Cheney will be Bill Clinton running the gov’t and she will play the Bush role of ineptness! Americans do not let dynasty prevail

  • bjbotts said the lawmakers should push back in earnest. Congress will push back, and it will push back hard.

    Just as soon as a Democrat takes office as President.

  • It is about time that congress started showing that they have a spine some place and stand up and push back hard against gw and his bullshit So far they have shown as much backbone as a jelly fish. We need to get the hell out of this stupid damn war now, and start putting the country back together again and I mean the U.S not iraq as I don’t care what happens to that country.

  • Ex Patriot, I think it’s time we face the truth. The Democrats in Congress overwhelmingly approve of what President Bush is doing. That’s the only answer that fits the total capitulation we have seen on major issues that should play to the Democrats strength.

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