Audio Script
Presidential executive powers vs. Congress
March 27, 2015听听听听听听听听听听听听听听听听听听听 Harold Bruff
Recently 47 Republican senators threatened to overturn any accord made with Iran limiting their nuclear programs in exchange for sanctions relief -- even to the extent they sent a letter to Iran warning that Congress could void the agreement.
Their argument -- Pres. Barack Obama can鈥檛 use his executive powers to by-pass Congress when it comes to treaties or agreements with other nations.
On the contrary the president does have the right to use executive powers in these matters, says CU-麻豆影院 law professor and constitutional law expert Harold Bruff, and he has history to back him up.
CUT 1 鈥淓very president has negotiated executive agreements with foreign nations, beginning with George Washington. Not all of them take the form of treaties. The difference really lies in politics. Presidents use executive agreements for delicate foreign negotiations -- they have done it many times. (:19) George Washington established that. It鈥檚 been clear ever since. Another thing that Washington established is the United States has to speak with one voice to foreign nations -- that voice is the president鈥檚.鈥� (:32)
Bruff finds the letter not only inappropriate since it attempts to undermine sensitive negotiations, but ironic as well since it was a very popular Republican president who used executive powers in 1981 to end the Iranian hostage crises.
CUT 2 鈥淎 simple example that鈥檚 directly pertinent is the settlement of the Iranian hostage crisis in 1979. The United States entered in an executive agreement with the government of Iran, through the government of Algeria, because Iran would not speak to us directly. (:16) That agreement was never sent to the Senate. President Reagan came into office and ratified it and it has been honored ever since.鈥� (:24)
He says another example of a president using executive powers to conduct foreign affairs happened during World War Two.
CUT 3 鈥淎 famous one was Franklin Roosevelt鈥檚 trade of old destroyers for British bases before the start of WWII. His actions in summits at Yalta and other places are other simple examples of international agreements that presidents make without involving Congress. There are thousands of them.鈥� (:23)
March 31 is the target date for a preliminary accord with Iran, Europe, Russia, China and the U.S leading to a final deal by the end of June that would crimp Iran's nuclear programs in exchange for sanctions relief.
If a deal is reached Bruff seriously doubts that Congress, or whoever becomes America鈥檚 next president, would overturn it due to a history of incoming president鈥檚 honoring a predecessors agreements.
CUT 4 鈥淧residents have always known that if they enter an agreement like this with a foreign nation their successors are under great pressure to hold to it and there is no strong record anywhere of presidents disavowing their predecessors鈥� executive agreements.鈥� (:18)
Bruff is a professor of constitutional and administrative law and an author of several books including his most recent -- Untrodden Ground: How Presidents Interpret the Constitution.
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