Iran deal: A treaty or not a treaty, that is the question
Story highlights White House, many Republicans disagree over deal terminology, requirements At some point, Congress will weigh in on some aspect of a prospective agreement
According to the White House, only if the President of the United States says it is.
That's infuriating Republicans and even some Democrats, who are demanding that the Obama administration submit any final nuclear deal with Iran to Congress for approval.
"This is clearly a treaty," Arizona Sen. John McCain told reporters Tuesday. "They can call it a banana, but it's a treaty."
Kerry denounces GOP letter to Iran leaders
The GOP position could jeopardize the long-term survival of any Iran deal, and it represents the party's newest clash with President Barack Obama over the limits of executive authority, as Republicans object to a pact they warn could eventually give Tehran a nuclear bomb.
It's that skepticism that has largely led the White House to define the deal as a "nonbinding agreement" rather than a "treaty," which the Constitution requires Senate "advice and consent" on.
The distinction -- and whether it can legitimately be used to shut out Congress -- turns on complicated and unresolved questions of constitutional law. While Republicans call foul, the administration defends the differentiation as perfectly sound, and no surprise.
Secretary of State John Kerry stressed Wednesday that the administration never intended to negotiate a treaty.
"We've been clear from the beginning. We're not negotiating a 'legally binding plan.' We're negotiating a plan that will have in it a capacity for enforcement," he said at a Senate hearing.
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Iran deal: A treaty or not a treaty, that is the question