President Trump’s withdrawal from Barack Obama’s agreement with Iran lets our allies and foes take note of the solemnity that they should and that we do give to our constitutional form of government.
It says loud and clear something important that neither friend nor foe of the U.S. should ignore: Unless a treaty goes through our constitutional process of ratification, which requires a two-thirds vote in the Senate, any agreement can be swiftly rescinded by the next president — or, indeed, by any president after that, or even by the same president.
Other nations have thus been put on notice: Our tripartite system of government matters. When a president makes promises at his own discretion, he does not possess the dictatorial authority to agree to anything unilaterally.
One of the worst parts of Obama’s agreement with Iran was the decision to give its regime nearly $1.7 billion dollars in cash (in addition to $150 billion in sanctions relief). Cash was used for this from the Treasury Department’s Judgment Fund because otherwise Congress would also have had to appropriate funds, as the Constitution requires.
And so, on Obama’s sole say-so, this money provided Iranian leaders with more resources to do what they do — that is, suppress internal political opposition with extreme violence and arm and support terrorist groups that kill people and create problems throughout the region. Hamas and Hezbollah must have been pleased to hear that their patron-government’s agreement with Obama would include an “Obama Bonus” guaranteeing their financial security.
Today, Trump’s supporters should applaud Obama’s quasi-treaty and cash infusion to Iran. Without Obama’s imperious neglect of the Constitution, it might have been more complicated for Trump to fix the problem by getting out of a very bad deal.
The entire incident is a reminder that elections have consequences. It really does matter which party you vote for, as conservative Republicans in Congress might well be the only thing standing between the rule of law and a future Democratic president who wants to make it up as he goes along.
If it hadn’t been for the Republican naysayers in the Senate, Obama may very well have gotten a treaty. If the Democrats had had a supermajority and Obama had passed an Iranian treaty, there would be no coming back from it now.
That’s why those of us who value our constitutional form of government owe a solemn debt of gratitude to Obama. In disregarding the Constitution and making personal agreements with foreign powers to use his executive discretion on their behalf, he allowed Trump to demonstrate that only duly ratified treaties will really count or last. Other nations will keep this in mind when they deal with future presidents, including presidents like Obama who play fast and loose with the rules.
Bryan Taplits is a retired investor and writer in the Cincinnati area.
