The Iran Deal is Unconstitutional on Two Grounds

By KrisAnne Hall, JD
President Trump says the Iran Deal is not beneficial to the American people so he will not keep it. However, the truth is much worse. The Iran Deal is actually unlawful, unconstitutional, and dangerous to the American people. That should be the discussion and reason why we cannot keep this Obama-made agreement.

There is no Constitutional authority for any president to make deals with foreign nations. Technically speaking, the only authority the president holds is to propose treaties. That authority is established in Article 2 section 2 clause 2 of the Constitution. The President doesn’t unilaterally make treaties; he only proposes treaties to the Senate. If two-thirds of the Senate approves the proposal, then and only then, is the treaty actually made.

Additionally, just because the Senate approves a treaty doesn’t make it a lawful treaty. Article 6 section 2, along with the language of Article 2, of the Constitution, requires all treaties to be made “in pursuance of” and “under the authority of” the Constitution. That means any treaty that is approved by the Senate, but exceeds the limited delegated authority of the federal government is not a legally created or legally binding treaty.

“By the general power to make treaties, the constitution must have intended to comprehend only those subjects which are usually regulated by treaty, and cannot be otherwise regulated… It must have meant to except out of these the rights reserved to the states; for surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way.” –Thomas Jefferson: Parliamentary Manual, 1800.

The Iran Deal is illegally established because there is no legal authority for it. President Obama made this deal unilaterally, without approval of the Senate. Without Senate approval, the Iran Deal fails to meet the first criteria for a legally binding foreign agreement. No other discussion on the legality of this deal needs to be made. The Iran Deal is null and void and therefore there is no lawful requirement to maintain this Obama agreement.

“If they make [corrupt] treaties, how are we to get rid of those treaties?…if it should ever happen, the treaty so obtained from us would, like all other fraudulent contracts, be null and void…”  Federalist #64

To continue to debate this issue, acting as if presidents have the lawful authority to unilaterally make deals, transmutes the limited nature of our constitutional executive to that of an unlimited, kingly authority. The requirement that all treaties be made with concurrent power of the President and the Senate was a protection established to keep the president from becoming a king.

“The king can perform alone what the president can do only with the concurrence of a branch of the legislature.” Federalist #69

To even discuss the Iran Deal as if it has legal authority is dangerous to the American way of life. The Iran Deal is illegal. It is unconstitutional. It is a fraudulent contract and has no legal authority. That is why Trump must refuse to maintain it. If Trump, however, decides to maintain this deal, it will be the duty of the Senate to denounce this illegal agreement, and incumbent upon every State to deny any authority for this fraudulent contract.