The treaty has good elements in it, but top U.S. generals have already declared that they will violate those elements, including the requirement to leave towns and cities by the end of June 2009 and the requirement to leave the nation of Iraq entirely by the end of 2011.
More importantly, no U.S. president is empowered to create treaties without the consent of the U.S. Senate, a restraint on imperial power that should take precedence over consideration of the merits of a particular unconstitutional treaty. And no president is empowered to make war, which this unique treaty does.
Note that Lee calls Congress a "coequal" branch of government, but the Constitution says no such thing and overwhelmingly gives the bulk of the authority to govern our nation to the Congress.
Expressing the sense of the House of Representatives that absent congressional approval the Agreement Between the United States of America and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and the Organization of Their Activities During Their Temporary Presence in Iraq is merely advisory and not legally binding on the United States, and for other purposes.
Ms. LEE of California submitted the following resolution; which was referred to the Committee on
Expressing the sense of the House of Representatives that absent congressional approval the Agreement Between the United States of America and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and the Organization of Their Activities During Their Temporary Presence in Iraq is merely advisory and not
legally binding on the United States, and for other purposes.
Whereas the Framers of the Constitution of the United States intended that all significant foreign commitments by the United States Government be made by treaty or statute;
Whereas the Constitution of the United States gives Congress the power to declare war, to raise and support armies, to provide and maintain a navy, to make rules governing such forces, to provide for organizing and calling forth the militia, to make rules concerning captures on land and water, and to regulate commerce with foreign nations;
Whereas the Constitution of the United States also gives Congress the power to make all laws necessary for carrying out the powers vested in the Government, and the power to raise and spend money;
Whereas in addition, the Senate has the responsibility of confirming appointments to diplomatic posts and by two-thirds vote must give its advice and consent to treaties before such treaties become effective;
Whereas Congress, established in Article I of the Constitution of the United States, is a co-equal branch of the Government, and each Member of Congress, regardless of political party, must resist encroachment by the executive branch on the constitutional prerogatives of Congress;
Whereas President Bush publicly stated that the relationship
envisioned in the United States–Iraq Declaration of Principles for Friendship and Cooperation includes cooperation between the United States and Iraq in the political, diplomatic, economic, and security arenas;
Whereas President Bush declared his intent, during 2008, to negotiate and conclude before he leaves office detailed arrangements that will codify the bilateral relationship between the United States and Iraq following the expiration of the mandate of the Multi-National Force—Iraq under chapter VII of the United Nations Charter and the con-comitant resumption of Iraq’s normal status as a state with full legal and functional sovereignty and authorities and the restoration of Iraq’s legal international status;