Iran Sanctions and Executive Overreach

I am writing to urge you to take action to support both nuclear sanctions for Iran and a restoration of the proper checks and balances of the executive branch. There are more than a few very important reasons to do so, and I would like to share the most important one of them with you.

                First of all, Article II Section 2 of our Constitution states that, “[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur.” Article II deals with the powers granted to the executive branch of the United States and one of the President’s roles is that of the Chief Diplomat. As part of the checks and balances of the constitution however, even when the President is acting in this capacity he must gain the approval of no less than two thirds of Congress before finalizing any treaty or foreign agreement.

                This constitutional requirement is not negotiable. Even though President Obama has told Congress that the negotiations with Iran are fragile, and thus cannot be interfered with, he has no power to act with any binding authority in this or any matter without them. As seen in this FoxNews article, President Obama’s order to Congress that they “Just hold [their] fire” is out of order.

                Furthermore, our President has vowed to veto any sanctions passed by Congress as seen here. This I have no problem with. It is his job to conduct negotiations, but he must have Congress’ consent first. He has not gotten it, and intends not to get it before putting into action his plans. Congress members have said they will wait if President Obama will put his own plan before Congress before implementation. He has refused, and so is at odds with the Constitution’s checks and balances.

                Alexander Hamilton said that, “The great desiderata are a free representation and mutual checks. When these are obtained, all our apprehensions of the extent of powers are unjust and imaginary.” If we allow the President to operate in any one area, however small (and it can be shown that he has acted multiple times on no very little scale), then we open ourselves to the converse of what Mr. Hamilton states. All our apprehensions of the size, power, reach and abuse of federal government are justly held and the dangers are very real. If we do not want to end up like the Roman people who exchanged their freedom and became slaves for the sake of their security, suspending their rights and giving them to an unworthy recipient, like Dionysius or Julius Caesar, you must act immediately. Call you legislators and let them know your opinion on the matter.