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Old 07-21-2009, 22:17   #11
Defend
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More Executive Authority, overriding constitution

All documents/articles are linked below. Only most relevant quotes are shown here. There are several issues at play, but I feel that the most important is the neglect of the distribution of power.

Quote:
Clinton declares the US 'is back' in Asia
Robert Burns (AP) 07/21/2009

Clinton says she would, as previously announced, sign ASEAN's seminal Treaty of Amity and Cooperation, a commitment to peacefully resolve regional disputes that has already been signed by more than a dozen countries outside the 10-nation bloc.

The U.S. signing will be by the executive authority of Obama and does not require congressional ratification, said a senior administration official who spoke on condition of anonymity because he was not authorized to discuss the move publicly.
emphasis added

http://www.google.com/hostednews/ap/...JShdgD99J77V80

Quote:
THE UNITED STATES CONSTITUTION, Article II, Section 2, Paragraph 2
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
emphasis added

What will this treaty do?

Quote:
ASEAN Treaty of Amity and Cooperation in SE Asia, Bali, 24 February 1976
Article 2


In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles :

a. Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations;

b. The right of every State to lead its national existence free from external interference, subversion or coersion;

c. Non-interference in the internal affairs of one another;

d. Settlement of differences or disputes by peaceful means;

e. Renunciation of the threat or use of force;

f. [B[Effective cooperation among themselves. [/B]
Quote:
Article 13
The High Contracting Parties shall have the determination and good faith to prevent disputes from arising. In case disputes on matters directly affecting them should arise, especially disputes likely to disturb regional peace and harmony, they shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations.
emphasis added
http://www.aseansec.org/1217.htm


ASEAN member countries:

Brunei Darussalam
Cambodia
Indonesia
Laos
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam

source here

I really hope I just misinterpreted something here, because it looks to me like the US is about to sign an agreement saying we can't use "interference, subversion, or coercion" towards repressive regimes in the region (particularly Burma), or "the threat or use of force" against any of the ASEAN member countries should an international incident arise. All without congressional approval. Riding on the wave of "Executive Authority".

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Last edited by Defend; 07-22-2009 at 04:09. Reason: cleaning up formatting marks
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