Subverting the role of the treaty in American diplomacy – Washington Times
ANALYSIS/OPINION:
It is ironic that the contemporary discussion concerning American diplomacy should focus on the Paris Climate Accord. Students of history will appreciate that in 1778 that the first grand diplomatic debate of our country, the Treaty of Amity and Commerce, centered on France and is considered the first cornerstone treaty in American history.
It is important to hearken back to those initial debates because these ghosts haunt our decisions today. The American Congress was concerned about such a treaty, even in that desperate year of 1778 because they knew that Americas word had to be binding, and that future American foreign policy would henceforward be governed by any such treaty. It is not an accident of history that during the only two World Wars, the focus of American military policy was the defense and liberation of our oldest ally, France.
It is in this vein that we should reject President Obamas penchant for actively subverting the treaty process and engaging in dangerous executive agreements that distort the constitutional requirements of Senate approval. This is not to reject altogether the use of executive agreements: Diplomacy is fluid and the expediency of any given time may require the president to utilize executive agreements to protect and promote American vital interests.
However, when such diplomacy is potentially multipresidential as is the case of the Iran deal (formally known as Joint Comprehensive Plan of Action, or JCPOA), or multigenerational as is the case with the Paris Climate Accords, then it is clear from any originalist argument that this is what the Founders wanted. Further, treaties create stability and credibility that no executive agreement can ever come near.
Although international relations between nations require both treaties and executive agreements, treaties signal the intent of longevity. They hold any single president and Congress accountable to the past whereby a prior Congress and president spent months, or years, debating the merits of binding American foreign policy down a specific path. They negate the vagaries of any given lapse of judgment and force the American government to do something it often does poorly look at American interests from a long-term strategic objective. NATO, the Australia, New Zealand, United States Security Treaty, and the mutual security treaties with South Korea and Japan are all clear examples. These treaties, from Presidents Truman to Trump, continue to govern American foreign policy and have created the strongest alliance of western democracies in world history.
In contrast, Mr. Obama engaged in dangerous adventurism through executive decisions designed to subvert the authority of the Senate and the American people. If the Iran deal and the Paris Accords were as important as the previous administration claimed and were the lynchpin of the Obama diplomatic legacy, then why were they not crafted as treaties, sent to the Senate and by that action, allowed the constitutionally proper voice of the American people to be heard?
Concerning the Iran deal, former Secretary of State John Kerry stunned many when he admitted that the reason it was not submitted as a treaty was that the administration knew it would not pass. He also stated, Weve been clear from the beginning. Were not negotiating a legally binding plan. Were negotiating a plan that will have in it a capacity for enforcement. An administration known for its mental gymnastics receives another gold medal. It has been claimed that one of the reasons the Obama administration engaged in this was for expediency. The Obama administration cited a variety of treaties that the Senate has refused to ratify, notably the Law of the Sea Treaty and the Comprehensive Test Ban Treaty.
In both cases, it is highly questionable if these are advantageous to the United States. But here is the point: The Founders intended bad treaties to be defeated, and they intended that long-lasting diplomacy would be based on treaties and not fiat. Both the Paris Accords and the Iran deal should be required to pass the test for treaties: They commit multiple presidential administrations, they are multigenerational, and they will require America to be a credible partner, even if others are not. America has always rejected the full force of European realism. Every nation knows that if America commits, America keeps its word, but that commitment must be made in a procedurally and constitutionally sound manner.
All that the Obama administration achieved did not enhance American interests, but was a series of calculated moves to shore up the administrations political base. The Obama administration knew full well that any executive agreement made by any president could be overturned by any future one. Now the situation has been muddied, in part because many of our allies do not fully understand American history, political culture or constitutional law. The United States specifically avoided ad hoc diplomacy during our formative years. Rather, it engaged in hard-nosed diplomacy and only made international agreements after much soul-searching and debate. Foreign policys No. 1 currency is credibility. Lose that, and it takes generations for it to return.
R. James Woolsey is former director of the Central Intelligence Agency. Lamont Colucci is associate professor of politics at Ripon College.
Continued here:
Subverting the role of the treaty in American diplomacy - Washington Times
- Barack Obama bracket 2025: March Madness picks, predictions from former president - USA TODAY - March 22nd, 2025 [March 22nd, 2025]
- Kylie Kelce Has Perfect Response to Hateful Michelle Obama Message - Newsweek - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama breaks her silence on possibility of 2028 presidential run - PennLive - March 22nd, 2025 [March 22nd, 2025]
- Obamas to have a third child to fight divorce rumors? Michelle Obama breaks silence on expanding their fa - The Times of India - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Says Barack Wanted a Third Child but She Wasn't on Board: Were Gonna Get a Crazy One - PEOPLE - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Has Two Very Important Reasons Why She Will Never, Ever Run For President - BuzzFeed - March 22nd, 2025 [March 22nd, 2025]
- How a Lunch With Michelle Obama Led to Netflixs The Residence - Washingtonian - March 22nd, 2025 [March 22nd, 2025]
- Insight: The vanishing Obama presidency - The Anniston Star - March 22nd, 2025 [March 22nd, 2025]
- Why Michelle Obama Said No to Having a 3rd Baby With Barack Obama - E! Online - E! NEWS - March 22nd, 2025 [March 22nd, 2025]
- Will USC womens basketball raise another banner? Heres what Barack Obama has to say - AOL - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama and Kylie Kelce, Both 5'11", Agree That Tall Women Should Get Dibs on the Tall Guys - PEOPLE - March 22nd, 2025 [March 22nd, 2025]
- Former Obama official calls AOC one of Dems' most effective messengers - Fox News - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama worried about daughters Malia and Sasha turning up on Page Six while in the White House - Page Six - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama explains why she is not interested in politics after stepping back from spotlight - Page Six - March 22nd, 2025 [March 22nd, 2025]
- Kylie Kelce & Michelle Obama Bond Over Extremely Relatable Habit Theyre Often Teased About - Parade Magazine - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama reveals Barack Obama's wish for a third child amid divorce rumours: We should have a third - Hindustan Times - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama reveals the real reason she won't answer Democrat calls to run for president in 2028 - Daily Mail - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Is Still Taking the High Road on Social Media - Vanity Fair - March 22nd, 2025 [March 22nd, 2025]
- UN resolution that passed on Obama admin 11th-hour abstention a mistake, US envoy says - JNS.org - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama reveals Barack's disappointment that she wouldn't have a third child amid divorce rumors - Daily Mail - March 22nd, 2025 [March 22nd, 2025]
- Hey, where's Barack Obama's NCAA bracket predictions in 2025? They were late! - For The Win - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Is In Her Rocker-Chic Hair Era and I Am Here For It - Yahoo Life - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama on why Sasha and Malia don't have other siblings - HOLA! USA - March 22nd, 2025 [March 22nd, 2025]
- This is how Michelle Obama has kept her sanity when dealing with social media - Business Insider - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama on the Funny Reason She Said No When Barack Wanted Another Child - Harper's BAZAAR - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama to share unfiltered thoughts in new podcast 'IMO' with older brother - USA TODAY - March 13th, 2025 [March 13th, 2025]
- Is Barack Obama dating Jennifer Aniston? What to know about the rumors - PennLive - March 13th, 2025 [March 13th, 2025]
- IMO with Michelle Obama review cleaning tips and long-winded platitudes - The Times - March 13th, 2025 [March 13th, 2025]
- Michelle Obama to Launch New Podcast With Sibling Craig Robinson - Hollywood Reporter - March 13th, 2025 [March 13th, 2025]
- Tiger Woods Biopic in the Works with Barack and Michelle Obama in Talks to Produce - PEOPLE - March 13th, 2025 [March 13th, 2025]
- Michelle Obama credits brother for convincing her to support Baracks presidential run - Yahoo Entertainment - March 13th, 2025 [March 13th, 2025]
- Former first lady Michelle Obama to visit Austin on Thursday - KVUE.com - March 13th, 2025 [March 13th, 2025]
- Democrats need to get over Michelle Obama - The Telegraph - March 13th, 2025 [March 13th, 2025]
- In 2015, Obama committed the US to achieving UN global goals by 2030. Trump just rejected the goals - The Associated Press - March 13th, 2025 [March 13th, 2025]
- Michelle Obama launches podcast with her brother, Craig Robinson: Heres what to expect - HOLA! USA - March 13th, 2025 [March 13th, 2025]
- IMO with Michelle Obama & Craig Robinson, review: a podcast so shallow it would insult the nearest puddle - The Telegraph - March 13th, 2025 [March 13th, 2025]
- Will Michelle Obama speak about 'divorce' in new podcast with brother? - The Times of India - March 13th, 2025 [March 13th, 2025]
- Michelle Obama credits brother for convincing her to support Baracks presidential run - The Independent - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Opens Up About Divorce in the Family and Freedom in New Podcast - The Daily Beast - March 13th, 2025 [March 13th, 2025]
- 24 Iowa counties among nation's top 100 for swing from Obama to Trump - Bleeding Heartland - March 13th, 2025 [March 13th, 2025]
- Could Dems have their first primary candidate for 2028? Former Obama official ready to enter the race - The Independent - March 13th, 2025 [March 13th, 2025]
- Michelle Obama reveals the truth about 'unusual' White House marriage - Tyla - March 13th, 2025 [March 13th, 2025]
- Michelle Obama announces video podcast with brother Craig Robinson - Axios - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Said This One Quality of Barack's Is Her Biggest Pet Peeve - InStyle - March 13th, 2025 [March 13th, 2025]
- Michelle Obama: My brother had to talk me into being first lady - The Telegraph - March 13th, 2025 [March 13th, 2025]
- Michelle Obama announces new podcast with brother Craig Robinson after stepping back from the spotlight - Page Six - March 13th, 2025 [March 13th, 2025]
- Michelle Obama premieres podcast with brother Craig Robinson: "We are living in complicated times" - Marca English - March 13th, 2025 [March 13th, 2025]
- Tiger Woods biopic in the works with Barack, Michelle Obama in talks to produce - ABC Digital Syndication - March 13th, 2025 [March 13th, 2025]
- Michelle Obama, Brother Craig Robinsons New Podcast Takes Off On YouTube, Talks Life Lessons And Relations - News18 - March 13th, 2025 [March 13th, 2025]
- Tiger Woods Biopic in the Works with Barack and Michelle Obama in Talks to Produce - MSN - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Launches New Weekly Podcast with Her Brother Craig Robinson to Provide Hope - PEOPLE - March 13th, 2025 [March 13th, 2025]
- Michelle Obama reveals why she's launching a podcast in 2025 - The Times of India - March 13th, 2025 [March 13th, 2025]
- Daily Kickoff: The Trump-Obama double standard - Jewish Insider - March 13th, 2025 [March 13th, 2025]
- Obama archive in Hoffman Estates planned move to Maryland before appearance on DOGE list - Daily Herald - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Lifts the Lid on Childhood in Tiny 1-Bedroom Chicago Apartment as She and Her Brother Launch New Podcast - Yahoo Life - March 13th, 2025 [March 13th, 2025]
- Opinion | The Obama Plan That Presaged DOGE - The Wall Street Journal - February 20th, 2025 [February 20th, 2025]
- Hurricane, the hero Belgian Malinois who protected the Obama White House from intruder, has died - NPR - February 20th, 2025 [February 20th, 2025]
- Hurricane, the Secret Service Dog Who Protected Obama White House from Intruder in 2014, Dies at 15 - PEOPLE - February 20th, 2025 [February 20th, 2025]
- Hurricane, Dog Who Protected Obama White House From Intruder, Dies at 15 - The New York Times - February 20th, 2025 [February 20th, 2025]
- Why the Obama Presidential Center is immune to Trump's cuts - Axios - February 20th, 2025 [February 20th, 2025]
- Former President Barack Obama scheduled to speak at Hamilton College - WSYR - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards Told Barack Obama 'I'm the Truth' in Viral 'Court of Gold' Video - Bleacher Report - February 20th, 2025 [February 20th, 2025]
- "Man, y'all better stand down. I'm the truth" - Ant boldly tells US President Barack Obama that hes the real deal - Basketball Network - February 20th, 2025 [February 20th, 2025]
- Former President Barack Obama to speak at Hamilton College. What you need to know - Utica Observer Dispatch - February 20th, 2025 [February 20th, 2025]
- Elon Musk Granted Access to Student Loans by Obama-Appointed Judge - Newsweek - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards demands some respect from Barack Obama, viral video reveals: Im the truth! - New York Post - February 20th, 2025 [February 20th, 2025]
- NBA Star Anthony Edwards Goes Viral After Telling Obama 'I'm The Truth' - Black Information Network - February 20th, 2025 [February 20th, 2025]
- Manuals energetic rebrand of the Obama Foundation expands on its visual legacy - It's Nice That - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards demands some respect from Barack Obama, viral video reveals: Im the truth! - NewsBreak - February 20th, 2025 [February 20th, 2025]
- Barack Obama Was Shocked by Anthony Edwards' Confidence During Team USA Meeting at Paris Olympics - Complex - February 20th, 2025 [February 20th, 2025]
- "Man, y'all better stand down. I'm the truth" - Ant boldly tells US President Barack Obama that hes the real deal - MSN - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards Confidently Tells Barack Obama, 'I'm the Truth' - TMZ - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards has viral moment with former President Obama in new documentary - Dunking with Wolves - February 20th, 2025 [February 20th, 2025]
- My Take: Didnt Trump gripe about Obama using too many executive orders? - Parker Pioneer - February 20th, 2025 [February 20th, 2025]
- Democrats Biggest Problem Right Now is 'The Way They Talk', Former Obama Strategist Says (Exclusive) - LatinTimes - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards had the cockiest exchange with Barack Obama before the Olympics - For The Win - February 20th, 2025 [February 20th, 2025]
- Megyn Kelly calls Obama-appointed federal judges "absolute idiots" who were hired because of their "DEI profile" - Media Matters... - February 14th, 2025 [February 14th, 2025]
- Tariffs will add to inflation, ex-Obama economics advisor says - Channel 4 News - February 14th, 2025 [February 14th, 2025]
- Donald Trump pardons former Illinois governor Rod Blagojevich: How is he connected to Barack Obama? - The Times of India - February 14th, 2025 [February 14th, 2025]
- Fact Check: Yes, Trump rebuked Obama in 2012 for 'constantly issuing executive orders' - Yahoo - February 14th, 2025 [February 14th, 2025]