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Treaty by Decree
Obama’s end-run around the Senate, and the Constitution


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‘With the exception of the SALT I agreement, every significant arms control agreement during the past three decades has been transmitted to the Senate pursuant to the Treaty Clause of the Constitution,” veteran senators wrote the president. “We see no reason whatsoever to alter this practice.”

These words did not flow from the pen of Senator Ted Cruz (R., Texas) or Mike Lee (R., Utah) in a quest to block presidential power. Instead, the authors were the unlikely duo of then-senators Joe Biden (D., Del.) and Jesse Helms (R., N.C.). Biden and Helms did not see eye to eye on much, but they agreed that President George W. Bush had to submit his 2002 nuclear-arms-reduction pact with Russia as a treaty: “No constitutional alternative exists to transmittal of the concluded agreement to the Senate for its advice and consent.”


Contents
August 5, 2013    |     Volume LXV, No. 14

Articles
Features
  • Face of the lawless bureaucracy.
  • Obama’s end-run around the Senate, and the Constitution.
  • Felix Rodriguez, freedom fighter and patriot.
  • Hospitals are to blame for obscene health-care costs.
Books, Arts & Manners
  • Charles Crawford reviews Margaret Thatcher: The Authorized Biography: From Grantham to the Falklands, by Charles Moore .
  • Daniel Foster reviews The Founding Conservatives: How a Group of Unsung Heroes Saved the American Revolution, by David Lefer.
  • Edward Feser reviews Conscience and Its Enemies: Confronting the Dogmas of Liberal Secularism, by Robert P. George.
  • Florence King reviews Rose Kennedy: The Life and Times of a Political Matriarch, by Barbara A. Perry.
  • Ross Douthat reviews Joss Whedon’s film Much Ado About Nothing.
Sections
The Long View  .  .  .  .  .  .  .  .  
Athwart  .  .  .  .  .  .  .  .  
Poetry  .  .  .  .  .  .  .  .  
Happy Warrior  .  .  .  .  .  .  .  .