Separation of Powers Alert: Obama Seeks Climate ‘Treaty’ without Senate Ratification

obama_signs_executive_order_2009_january_2By Marlo Lewis –

“The Obama administration is working to forge a sweeping international climate change agreement to compel nations to cut their planet-warming fossil fuel emissions, but without ratification from Congress,” Coral Davenport reports in the New York Times.

Were you surprised? In domestic climate policy, Team Obama routinely flouts the separation of powers. Their M.O. from day one has been to ‘enact’ regulatory requirements that, if proposed in legislation, would be dead on arrival.

During this year and next, climate negotiators are again trying to work out a successor treaty to the Kyoto Protocol, which expired at the end of 2012. Under the U.S. Constitution, a treaty enters into force only if ratified, and ratification requires the approval of “two-thirds of Senators present.”

Although Democrats control the Senate, a ratification vote on Kyoto II would fail if held today. With Republicans expected to pick up Senate seats in November, the constitutional path to a new climate treaty seems hopelessly blocked.

So, according to Davenport, the Obama administration plans to negotiate an agreement that is not a treaty yet binding in effect…

Read the rest at


10 Responses to Separation of Powers Alert: Obama Seeks Climate ‘Treaty’ without Senate Ratification

  1. Fietser August 30, 2014 at 4:46 am #

    At least someone isn’t surrendering to the oligarch overlords.

    • Zman August 30, 2014 at 8:45 am #

      You mean by trying to make THEMSELVES an oligarch overlord instead?

      Yeah….that’s “patriotism”. SMH How much therapy/medication did you need to for that to make sense to you?

      • Fietser August 30, 2014 at 10:18 am #

        How would they do that?

  2. Neilio September 1, 2014 at 10:31 pm #

    We have a separation of powers spelled out in our constitution between the legislative, judicial, and executive branches. For the president to do things like this is extra-constitutional. It is illegal here in the United States for any president to do what our president is doing. It doesn’t matter how great, or right, or good you think it is for him to do it. The fact remains that it is not his job to just make law. That is the job of the legislative branch. He is overstepping his authority.

  3. Fietser September 5, 2014 at 3:31 pm #

    In what way? He’s not overstepping anything here.

    • Neilio September 6, 2014 at 5:25 am #

      Well, we’ll see. It hasn’t been written yet. But calling it something other than a treaty, and trying to get it done without the constitutionally 2/3 majority of congress approval, it will be, if not extra-constitutional, very much against the will of the people.

      • Fietser September 6, 2014 at 5:51 am #

        The people that got him elected will support him on this as well.

        • Neilio September 7, 2014 at 7:41 pm #

          I doubt that. But we will see if and when it happens.

  4. Rob N. Hood September 9, 2014 at 3:10 pm #

    I for one who voted for Obama support him in this. Once again Neil’s partisan assumptions are neutered.

    • Neilio September 9, 2014 at 4:57 pm #

      Hmm. I’ve always said that the ends justify the means for you Liberals. And if this was a Republican president doing something similar you Libs would be the first to scream bloody murder, and you know it. That’s why I think you are such hypocrites.
      Oh, and the big O doesn’t have nearly as much support as he did before so you are more in a minority now than ever.

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