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Dem Bills Would Prevent Iraq-U.S. Long-Term Pact without Congress Say-So
2012, 2020, forever. Whatever the terms hashed out between the administration and Nouri al-Maliki's government, the administration has said that they won't have to consult Congress to finish the deal.
As we reported back in November, that wouldn't be unusual, as these types of agreements (called Status of Forces Agreements) are typically handled solely by the executive branch. It's not a "formal" treaty, the kind the Constitution dictates must be ratified by two-thirds of the Senate. And White House war adviser Douglas Lute has made it clear that the negotiations "will lead to the status of a formal treaty."
But Congress is maneuvering to make sure that they get a say. Today, Rep. Rosa DeLauro (D-CT) will introduce the Iraq Strategic Agreement Review Act of 2008, which would require the administration to consult with Congress on the agreement and withhold funds for the agreement if it did not come in the form of a formal treaty. “We simply cannot allow the Administration to finalize an agreement that could lead to permanent bases in Iraq and other major economic and political commitments without Congressional consultations and approval," she says in a statement on the bill.
Last month, Sen. Hillary Clinton (D-NY) introduced a similar bill in the Senate, which would also withhold funds for any agreement that wasn't a formal treaty. Sen. Sheldon Whitehouse (D-RI) is as of now the sole co-sponsor. The bill was referred to the Senate foreign relations committee. It seems likely that Senate Republicans will put their vaunted obstruction powers to work on this one.
Update: Here's the text of the bill.





This attitude of "we need to pass a bill to stop funding" is non-sense! The Constitution _already_ delegates this power exclusively to Congress. This is analogous to the illusion, "We need to pass a bill to restore Habeas, which was never lawfully denied." If it is the President' decision that he will "not consult with Congress", then it is _not_ required for Congress to do anything: They do not have to pass _any_ money. Congress can, without any bill, zero-out funds for this "Plan".
The GOP has _no power_ to force Congress to "pass an Amendment to zero-out funds" when the Speaker is _not required_ to ever put money in that budget line. The Committee Chairs can zero-out funding for this program; until the Administration appears before the funding committees to explain "their plan," there is no basis to provide _any_ funding. Congress does _not_ have to pass a bill saying, "It's OK not to fund this." That puts it up the the President to _disagree_ with powers _only_ delegated to Congress: The Power to conduct oversight, decide on funding, and start a budget. Time for the DNC to throw this problem at the President: If he will not coordinate, then do nothing: No funding. Let's review:
1. Committee Action: Committee Chairs have the power to zero-out budget items on anything they choose.
2. Speaker role: Pelosi has the power, for whatever reason, to issue a Legislative Order, and declare anything she chooses -- for whatever reason -- to have "no funding".
3. Conference committees: These "conferences" are not needed _if_ the House and Senate agree to _joint language_, and exclude all Amendments, that bar _all_ funding. Let the GOP threaten to block a conference committee: The DNC in the House and Senate can introduce _like_ bills, and bar all Amendments, thus eliminating the requirement for a conference. There is no Constitutional requirement for a "conference committee"; ony a requirement that 'the bill' be agreed to by both houses.
4. The "threat of a GOP filibuster" is meaningless: If the GOP "refuses" the bill, then the President Gets. No. Money. Let the GOP filibuster.
5. If the President wants to "veto a bill that has no money for Iraq', then he still gets no money. Money is only appropriated for a _maximum_ of two years under the constitution. The only way for Congress to do otherwise is to _agree_.
2006: We voted for change. Then, change! Don't "ignore the failure to change," as the excuse to "look to this election to change." Change NOW.
January 15, 2008 3:08 PM | Reply | Permalink
Paul, how binding is a status of forces agreement signed by Bush relative to the Article II powers the next president will have when they take office in January 2009? Will they not be able to transfer troops from Iraq to Afghanistan if a crisis pops up there and he/she deems it in our national interest? Why can't he/she pull out of it, regardless of reason, the way Bush unilaterally pulled out of a missile treaty when he took office in 2000?
Can you do reporting on the binding force of and practical use of status of forces agreements?
January 15, 2008 5:04 PM | Reply | Permalink
While this is an effort, why aren't ANY of the 'electable' candidates or other Congressional democrats hollering about the illegality of the U.N mandate? The Iraqi Parliament passed the law indicating that such should NOT occur without a withdrawal timetable yet they were ignored. So strike another reason -bringing democracy to the middle east- for the illegal invasion of Iraq.
How long will the U.S. public accept the tons of blood that is on their hands and not speak out? And don't they realize that 'what goes around, comes around' and the impact that will have on them and their offspring?
January 15, 2008 9:21 PM | Reply | Permalink
During one of the debates Clinton asked Obama if he would co-sponsor her bill that would withhold funds for any agreement that wasn't a formal treaty. Didn't he agree to be a co-sponsor?
January 23, 2008 10:51 AM | Reply | Permalink
sly:
I believe his response was "We can talk about that."
January 23, 2008 12:18 PM | Reply | Permalink
sly
Yes he is listed as a co-sponsor.
We'll see how these bills do. I doubt the leadership of the GOP will let anything like that happen. So its just another strongly worded letter.
January 25, 2008 7:57 PM | Reply | Permalink
Hey, Anonymous. Way to go! You are absolutely right. Now if only our Democratic congressional leaders had any balls we'd be in business. It's time to replace Pelosi and Reid with a couple of pit bulls (with balls).
January 26, 2008 12:09 AM | Reply | Permalink