Paris Climate Discord: Biden Can’t “Enforce” a Treaty That Was Never Ratified

by
Steve MacDonald

One of the dirty little secrets from the Obama years was that the Paris Climate Discord was never ratified. The Bamster signed an Executive Order (EO), but the Senate never signed on to the plan. Mr. Trump, with a dueling EO, undid Barry’s gesture, but Biden Joe has re-upped the non-treaty-treaty vaporware.

Related: UN Report: US Cutting CO2 Emissions Without Burdensome Paris Climate Voodoo

It is a thing without force.

Until the US Senate, by a two-thirds majority, approves the treaty, it’s just some paper and words, and politics, mostly the latter. And the only action it ever faced beyond co2 emitting heated-rhetoric were lots of potential lawsuits.

Mr. Trump, by repealing the Obama emergency order with his own, ended the legal dispute that had yet to reach any court. Joe Biden, by reviving the dispute, has invited legal action at your expense.

Nearly 200 countries signed the treaty on December 12, 2015, but Obama didn’t sign it until nearly a year later, during the final stretch of the 2016 presidential election. Obama, who fancied himself a constitutional scholar, never even attempted to go to the Senate for ratification. Instead, he avoided referring to the agreement as a treaty publicly, in order to argue that Senate ratification wasn’t constitutionally mandated.

Obama’s move was clearly designed to benefit him politically while also punting the legal ramifications of the unratified treaty to another president. As such, less than six months into his presidency, Trump announced, to much fury from the left, that the United States would no longer be a part of the Paris climate accords—negating the need for a potential dispute over the legality of the treaty.

As Matt Margolis also notes at PJ Media, the Iran Treaty has the same problem and an identical “solution.” Having never been constitutionally ratified, it has no force behind it. There is no law for the executive branch to execute. No policy in law that it can legally enforce.

Any effort(s) to the contrary on either should be stayed by court order while the lawsuits that had best be filed work their way through the courts.

A path whose end even the liberal Justices will agree is with ratification by the US Senate.

Nothing written, promised, or otherwise Paris+Climate related can be enforced by the Federal Government until the US Senate concurs.

Not that I’d rely on this to protect you from the outrage factory of planeteers and their prophesied doom if you dare to offer a contradictory opinion, even one based on facts and law.

 

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, blogger, and a member of the Board of directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor of GraniteGrok.com, a former board member of the Republican Liberty Caucus of New Hampshire, and a past contributor to the Franklin Center for Public Policy.

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