Comments on: FILIBUSTERS REDUX

By: Steven

Steven — Wed, 31 Dec 1969 18:00:00 +0000

The technical fact here is that TPA does not apply to treaties, but to trade agreements, which are legally distinct.

One might consider that a mere technicality, but this is a legislatively created category of international agreement and is, therefore, different (I would argue) than merely the rules of the Senate.

By: James Joyner

James Joyner — Wed, 31 Dec 1969 18:00:00 +0000

Sure. I guess I do tend to consider these things technicalities, although I acknowledge that most of the executive bureaucracy is, in a sense, an unconstitutional delegation of Congressional authority. But trade agreements and executive agreements are, in all but name, treaties. The only practical difference of which I'm aware is the ease of abrogation.

By: Steven

Steven — Wed, 31 Dec 1969 18:00:00 +0000

I think Executive Agreements are even less powerful than Trade Agreements, given that they expire with the given administration.

Do you know if there is specific legislative authority for EAs? I am trying to remember and am thinking that it is more a traditional thing, than a formally created power thing, which is a significant difference with TPA.

In fact, the more I think about this (and blogged on it a minute ago), there is an important distinction to be made between TPA and treaty-making.

By: James Joyner

James Joyner — Wed, 31 Dec 1969 18:00:00 +0000

I honestly don't know the history of executive agreements, although I'm pretty sure they've been around since the days when Founding Fathers were still in the White House.

And I had always missed the two house/simple majority aspect of Fast Track; I thought the deal was that it was just non-amendable.

By: PoliBlog

PoliBlog — Wed, 31 Dec 1969 18:00:00 +0000

TPA v. Treaties
Bret Marston, and in response James Joyner, have commented on the issue of Trade Promotion Authority (once known as "Fast Track") in the context of current Senate filibusters of President Bush's Appeals Court nominees. The main issue being Bret's conte...

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