Climate change treaty: “Constitution? Obama don’t need no stinkin’ Constitution!”
Well, if reports are true it appears our self-crowned king has decided he’s found a way to obligate us to a treaty without following the Constitution’s proviso for doing so.
In seeking to go around Congress to push his international climate change agenda, Mr. Obama is echoing his domestic climate strategy. In June, he bypassed Congress and used his executive authority to order a far-reaching regulation forcing American coal-fired power plants to curb their carbon emissions….
American negotiators are instead homing in on a hybrid agreement — a proposal to blend legally binding conditions from an existing 1992 treaty with new voluntary pledges. The mix would create a deal that would update the treaty, and thus, negotiators say, not require a new vote of ratification.
Countries would be legally required to enact domestic climate change policies — but would voluntarily pledge to specific levels of emissions cuts and to channel money to poor countries to help them adapt to climate change. Countries might then be legally obligated to report their progress toward meeting those pledges at meetings held to identify those nations that did not meet their cuts.
“There’s some legal and political magic to this,” said Jake Schmidt, an expert in global climate negotiations with the Natural Resources Defense Council, an advocacy group. “They’re trying to move this as far as possible without having to reach the 67-vote threshold” in the Senate.
“Political magic”? Is that the state of our nation now – we resort to “political magic” when we can’t get our way as the Constitution requires? Well, yes.
President Obama seems to be following a script laid out in May, 2014 by former Undersecretary for Global Affairs Timothy Wirth, who was the Clinton Administration’s lead negotiator for the Kyoto Protocol, and former South Dakota Senator Thomas Daschle who astutely asserted that “the international community should stop chasing the chimera of a binding treaty to limit CO2 emissions.” They further noted that more than two decades of U.N. climate negotiations have failed because “nations could not agree on who is to blame, on how to allocate emissions, or on projections for the future.”
Wirth and Daschle are advocating that the climate negotiators adopt a system of “pledge and review” at the 2015 Paris conference of the parties to the UNFCCC. In such a scheme nations would make specific pledges to cut their carbon emissions, to adopt clean energy technologies, and to wring more GDP out of each ton of carbon emitted. The parties would review their progress toward reducing greenhouse gas emissions every three years and make further pledges as necessary to achieve the goal of keeping the increase in average global temperature under 2°C. Since there would be no legally binding targets, there would be no treaty that would require politically difficult ratification. If insufficient progress is being made by 2020 they argue that countries should consider adopting globally coordinated price on carbon.
Now this isn’t to say that this is going to work or even have an effect, but it is a blatant attempt to have one’s way (via “political magic”) while avoiding the unpleasantness of a failure to get a ratification by tw0-thirds of the Senate (its all about getting the leverage to pass a carbon tax).
And, as usual, Mr. Obama doesn’t care one whit about much more than getting his way – just ask Senate Democrats:
President Obama’s election-year plan to win a new international climate change accord is making vulnerable Democrats nervous.
The administration is in talks at the United Nations about a deal that would seek to reduce global greenhouse gas emissions by “naming and shaming” governments that fail to take significant action.
The State Department on Wednesday denied a report in The New York Times that the plan is to come up with a treaty that would not require Senate confirmation, but that appeared to provide cold comfort to Democrats worried the issue will revive GOP cries about an imperial Obama presidency.
One Democratic strategist said the proposal would put swing-state candidates who are critical to the party keeping its Senate majority “in front of the firing squad.”
“You’re … making it more difficult for them to win and certainty putting them in a position to lose,” the strategist said.
Silver linings … always look for the silver lining to those storm clouds.
And then there’s immigration …