Sponsored Content
« French-American Hero of Thalys Terror Train Attack Giving Interviews, Looks To be Healing Well | Main | State Department: 150 New Classified Emails Found in Clinton's Email System »
August 31, 2015

Jim Geraghty: Time to Go Nuclear on Obama's Nuke Deal?

The logic is simple.

Harry Reid did away with filibusters, himself using the "nuclear option" to pass the new rule over the objections of more than a filibuster-level of opponents, for a certain category of vote -- votes with a Constitutional separation-of-powers dimension. Reid claimed the president had the right to get his personnel into the Executive and that the Senate should not stop him via a Senate rule (the filibuster rule); that such votes, affecting, as they do, a coequal branch of government, should be free of the filibuster rule and default to the rule in the constitution -- which is, of course, a simple majority rule.

Okay, makes sense.

But you know what other sorts of votes have a constitutional, separation-of-powers, turf-protecting dimension? Votes on agreements made with foreign regimes-- which the Constitution says are subject, as treaties, to the "advice and consent of the Senate" and a specified two thirds supermajority.

So, the Republicans could follow Reid's lead and pass a resolution declaring that the Iran treaty is in fact a treaty and must be treated as such. When Democrats attempt to filibuster that, they break out the nuclear option Reid did and say that given that this is a matter of separation-of-powers constitutional dimension, they will have the vote on a filibuster-free basis. (The actual process is that the question is submitted to the parliamentarian, who rules the motion to proceed without hte filibuster to be against the rules -- but then you overrule him with a simple majority vote. Which is exactly what Reid did.)

Now you have a majority of senators declaring that this is a treaty and must be treated like a treaty.

Now, Geraghty proposed this last Friday, but then backed off the idea when someone said that a resolution would also be subject to Obama's veto.

For reasons I don't understand -- and I sure wish he'd elaborate -- AllahPundit doesn't seem to think that that is much of an obstacle.

The question is, what do you do once the filibuster’s been nuked? If the GOP decides to pass a resolution declaring the Iran deal a treaty that requires two-thirds of the Senate to approve it, Obama will veto that resolution. That shouldn’t matter-- since when is Article II contingent upon the president’s assent? -- but you're looking at a court battle at least, and the public will be bewildered after weeks of "does Obama have the Senate votes to protect his Iran deal?" headlines suddenly switch to "GOP changes rules on voting to block Iran deal."

Obviously this is all hypothetical, because the Donor Class has forbidden McConnell to spend any political capital on this; the Donor Class demands that all political capital will be spent on things that really matter, like the Export-Import Bank.

Still, in order to have fruitful political discussions, it is necessary that we pretend to be members of a functioning democracy in which voters have some sort of influence on government and popular will is somehow of concern to politicians.

So we'll pretend along, because otherwise, every blog post will be very short: "The Donor Class wins."


digg this
posted by Ace at 02:57 PM

| Access Comments




Recent Comments
Bertram Cabot, Jr.: "Egyptians never let the cat out of the bag. ..."

mindful webworker - squeak squeak squeak SQUEAK!: "[i] If you haven’t ever trained a dog with o ..."

BurtTC: "Best part is she is a much calmer dog in addition ..."

jim (in Kalifornia): "Vid october 2020... ..."

jewells45 fuck cancer: "Oh gosh I missed your post Miley. Sorry about abo ..."

Eromero: "Over the past 25 plus years Mrs. E and i have had ..."

jim (in Kalifornia): "Snake vid: Depends on the temp. Depending where ..."

BurtTC: " BurtTC I'm sorry for your loss as well. Poste ..."

Art Rondelet of Malmsey: "I 100% second every bit of Piper's advice about e- ..."

BurtTC: "Does anyone have any tips for walking on a leash w ..."

olddog in mo: "Had a bobcat in my fenced backyard once. I was st ..."

CaliGirl: "BurtTC I'm sorry for your loss as well. ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64