Jeffrey Sachs: “Trump is taking US down the path to tyranny”… Because Paris Climate Agreement

Jeffrey Sachs: “Trump is taking US down the path to tyranny”… Because Paris Climate Agreement

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Guest bashing by David Middleton

Dr. Jeffrey Sachs was the proximal reason we cancelled our subscription to Scientific American.  His monthly column, “Sustainable Developments” was nothing less than an annoying propaganda campaign for the imposition of  enviro-tyranny upon these tangentially United States.  The straw that broke my camel’s back was his demand that the Wall Street Journal cease and desist publishing editorials skeptical of Gorebal Warming.

Dr. Sachs is the Director of The Earth Institute at Columbia University.  Not to be confused with Columbia University’s Lamont-Doherty Earth Observatory, The Earth Institute is a program which serves little purpose other than to teach non-science majors how to sound all sciency when spouting enviro-psychobabble.  The levels of ignorance on display in this CNN editorial are mind boggling.

 

Trump is taking US down the path to tyranny

By Jeffrey Sachs

Mon July 23, 2018

(CNN) The United States was born in a revolt against the tyranny of King George III. The Constitution was designed to prevent tyranny through a system of checks and balances, but in President Trump’s America, those safeguards are failing.

Donald Trump holds the grandiose belief that only he should rule America. Unchecked by cowed or complicit Republicans in Congress, Trump invokes executive authority to alter policies and practices long established by law and treaty.

[…]

[GOOD FRACKING GRIEF!!!  Hey Dr. Sachs, remember this???]

[…]

Trump used executive authority without Congressional mandate to… to announce the US withdrawal from the Paris Climate Agreement despite treaty-bound US obligations under the UN Framework Convention on Climate Change…

[AEUHHH????]

[…]

The Nazi henchman Hermann Göring explained in Nuremberg prison how easy it is to mobilize the public to war: “Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country.”

[…]

[Godwin’s Law anyone?]

 

[Can you believe that Godwin created a Trump exemption to Godwin’s Law?  Yes, Trump Derangement Syndrome has gone full (rhymes with petard).]

[…]

CNN

Note: The videos and red-bracketed comments represent my commentary and are not in the CNN editorial… I am only posting this notice because, if I didn’t, some commentator would probably accuse me of altering the CNN editorial because I don’t like CNN and they have Trump Derangement Syndrome.

Obama got us into the fracking Paris Climate Agreement with his pen and his phone, without Congressional mandate!

Trump used executive authority without Congressional mandate to… to announce the US withdrawal from the Paris Climate Agreement despite treaty-bound US obligations under the UN Framework Convention on Climate Change…

Hey Dr. Sachs!  President Trump had the executive authority, without Congressional mandate, to announce the US withdrawal from the Paris Climate Agreement… because it was not a TREATY and the agreement stipulated that he could do exactly what he did.

Hey Dr. Sachs!  President Trump even has the executive authority to withdraw from the UN Framework Convention on Climate Change  without Congressional mandate because… Drum roll, pleaseTHE UNITED STATES FRACKING CONSTITUTION and the UN Framework Convention on Climate Change provide him with that authority…

Congressional Research Service

Withdrawal from International Agreements: Legal Framework, the Paris Agreement, and the Iran Nuclear Agreement

Stephen P. Mulligan
Legislative Attorney
May 4, 2018

[…]

Although the Constitution sets forth a definite procedure whereby the Executive has the power to make treaties with the advice and consent of the Senate, it is silent as to how treaties may be terminated. Moreover, not all agreements between the United States and foreign nations take the form of Senate-approved, ratified treaties. The President also enters into executive agreements, which do not receive the Senate’s advice and consent, and “political commitments” that are not binding under domestic or international law. The legal procedure for withdrawal often depends on the type of agreement at issue, and the process may be further complicated when Congress has enacted legislation to give the international agreement domestic legal effect.

On June 1, 2017, President Trump announced that he intends to withdraw the United States from the Paris Agreement—a multilateral, international agreement intended to reduce the effects of climate change. Historical practice suggests that, because the Obama Administration considered the Paris Agreement to be an executive agreement that did not require the Senate’s advice and consent, the President potentially may claim authority to withdraw without seeking approval from the legislative branch. By its terms, however, the Paris Agreement does not allow parties to complete the withdrawal process until November 2020, and Trump Administration officials have stated that the Administration intends to follow the multiyear withdrawal procedure. Consequently, absent additional action by the Trump Administration, the United States will remain a party to the Paris Agreement until November 2020, albeit one that has announced its intent to withdraw once it is eligible to do so.

[…]

Withdrawal from the Paris Agreement

On June 1, 2017, President Trump announced that he intends to withdraw the United States from the Paris Agreement—a multilateral, international agreement intended to reduce the effects of climate change by maintaining global temperatures “well below 2 °C above pre-industrial levels[.]” The Paris Agreement is a subsidiary to the 1992 United Nations Framework Convention on Climate Change (UNFCCC), a broader, framework treaty entered into during the George H. W. Bush Administration. Unlike the UNFCCC, which received the Senate’s advice and consent in 1992, the Paris Agreement was not submitted to the Senate for approval. Instead, the Obama Administration took the position that the Paris Agreement is an executive agreement for which senatorial or congressional approval was not required. President Obama signed an instrument of acceptance of the Paris Agreement on August 29, 2016, which was deposited with U.N. Secretary General Ban-Ki Moon on September 3, 2016. The Agreement entered into force on November 4, 2016.

Although the Obama Administration described the Paris Agreement as an executive agreement, it did not publicly articulate the precise sources of executive authority on which the President relied in entering into the Agreement.  Possible sources include the UNFCCC, existing statutes such as the Clean Air Act and Energy Policy Act, the President’s sole constitutional powers, or a combination of these authorities. While the precise source of authority is not readily apparent, there does not appear to be an underlying restriction on unilateral presidential withdrawal (i.e., a treaty reservation, statutory restriction, or other form of limitation) in any of the potential sources of executive authority. Therefore, the Paris Agreement would likely fall into the category of executive agreements that the Executive has terminated without seeking consent from the Senate or Congress.

[…]

Some commentators advocated for withdrawal from the parent treaty to the Paris Agreement—the UNFCCC—as a more expedient method of exiting the Paris Agreement. Article 28 of the Paris Agreement provides that any party that withdraws from the UNFCCC shall be considered also to have withdrawn from the Paris Agreement. The UNFCCC has nearly identical withdrawal requirements to the Paris Agreement, but because the UNFCCC entered into force in 1994, the three-year withdrawal prohibition expired in 1997. Therefore withdrawal from both the parent treaty and the subsidiary Paris Agreement could be accomplished within one year. The Trump Administration, however, has not announced that it intends to take action with respect to the UNFCCC. Therefore, at present, the United States remains a party to the subsidiary Paris Agreement until Article 28’s withdrawal procedure is complete—albeit one that has announced its intention to withdraw once it is eligible to do so.

[…]

Congressional Research Service

Hey Dr. Sachs!… One more thing…

Featured image source.

Superforest,Climate Change

via Watts Up With That? https://ift.tt/1Viafi3

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