Secretary of State Hillary Clinton and the Obama Administration have touted the New Strategic Arms Reduction Treaty (START) as a beneficial and necessary negotiation, and urged for its immediate ratification. However, the negotiating record of New START—which contains critical information—has not been released to the U.S. Senate. Because of the importance of strategic nuclear arms and due to the ambiguity of this treaty’s implications, the lack of the negotiating record prevents an informed debate and deliberation in the Senate, obstructing the Senate’s constitutionally mandated role to provide “advice and consent” on all U.S. treaties. Senators ought, therefore, to demand access to all essential information in order to effectively discharge their duties as enumerated by the Constitution.

In Article II, Section 2, the Constitution grants the President the “Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” James Wilson explains, “Neither the President nor the Senate, solely, can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people.”

In Federalist 64, John Jay praises the treaty-making process that relies on both the President and the Senate: “We have reason to be persuaded that the treaties they make will be as advantageous as, all circumstances considered, could be made.” Thus, both the executive and legislature are essential to making treaties “law of the land.”

“Advice and Consent” in practice:

One of America’s earliest treaties, the Jay Treaty (negotiated by Jay himself), provides a great model for Senators today. In 1794, a war raged between Great Britain and France, and the British violated American neutrality by capturing U.S. commercial ships. The hotly debated Jay Treaty of 1794 averted a potential war with Great Britain and encouraged commercial relations between the two countries.

Upon receiving the Jay Treaty, Washington duly presented it to the Senate for advice and consent. He did not assume senators would simply rubber-stamp the measure. The Senate, in turn, did not shirk its constitutional responsibility—after much deliberation, the treaty barely passed with a vote of 20 to 10. Interestingly, Washington provided the Senate with the entire negotiating record—but he later denied the same request from House of Representatives—thereby recognizing the Senate’s unique constitutional role in the treaty process.

The United States Senate today has a huge responsibility to openly debate and vote on START, which contains a number of ambiguities and clauses that could potentially compromise our missile defense system and therefore our national security. Obama and is administration are telling the American people this treaty is necessary. Only open debate and transparency will weed out the deficiencies and dangers in START.

American’s should know and it’s the responsibility of the Senate to act accordingly and to apply the US Constitution to START and to act like responsible representatives to the people, for a change. Indeed!

Source: The Heritage Foundation

Liberally Conservative appreciates your comments that abide by our guidelines: