The text of the letter is provided below:
Washington DC 20510.
March 9th. 2015
“It
has come to our attention while observing your nuclear negotiations
with our government that you may not fully understand our constitutional
system. Thus, we are writing to bring to your attention two features of
our Constitution–the power to make binding international agreements and
the different character of federal offices–which you should seriously
consider as negotiations progress.
First,
under our Constitution, while the president negotiates international
agreements, Congress plays the significant role of ratifying them. In
the case of a treaty, the Senate must ratify it by a two-thirds vote. A
so-called congressional-executive agreement requires a majority vote in
both the House and the Senate (which, because of procedural rules,
effectively means a three-fifths vote in the Senate). Anything not
approved by Congress is a mere executive agreement.
Second,
the offices of our Constitution have difference characteristics. For
example, the president may serve only two 4-year terms, whereas senators
may serve an unlimited number of 6-year terms. As applied today, for
instance, President Obama will leave office in January 2017, while most
of us will remain in office well beyond then–perhaps decades.
What
these two constitutional provisions mean is that we will consider any
agreement regarding your nuclear weapons program that is not approved by
the Congress as nothing more than an executive agreement between
President Obama and Ayatollah Khamenei. The next president could revoke
such an executive agreement with the stroke of a pen and future
Congresses could modify the terms of the agreement at any time.
We
hope this letter enriches your knowledge of our constitutional system
and promotes mutual understanding and clarity as nuclear negotiations
progress.
Sincerely
47 Republican Senators
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