The Paris Climate Deal: a threat to the US Constitution?


There’s great excitement amongst the Climate Alarmist Community about the Paris Conference scheduled for November 2015.  Much preparatory work is being done, papers being published, hopes expressed.  They’re looking for a “Son of Kyoto” agreement, described as “A new, universal climate change agreement”.  This despite the fact that the RSS data have shown no global warming for 18½ years – so either the measures taken already have been enormously successful, or perhaps climate change is not quite the threat they thought it was.  In either of these events, it’s difficult to see quite why further measures are needed.

It’s worth casting our minds back to the original Kyoto agreement adopted in 1997. The Clinton Administration signed that Treaty, subject to Congressional ratification, but in the sure and certain knowledge that Congress would certainly not ratify an agreement which clearly disadvantaged America on a grand scale while leaving developing countries largely unscathed.

This position remained the same under the Bush Presidency which followed Clinton, though while Clinton would have ratified if he could, Bush clearly (and rightly in my view) had no intention of ratifying it.

More recently, Obama has come up against resistance to his environmental plans, and has been unable to reach Congressional agreement.  He has adopted a novel solution.  He has imposed draconian environmental measures on America by means of Executive Orders, via the Environmental Protection Agency (EPA).  Many in Washington, especially on the Republican side, feel that this wide-scale use of Executive Orders to make policy in defiance of Congress represents a direct assault on the checks and balances embodied in the US Constitution.

So where does that leave the Paris 2015 plans?  The UN and its supporters in the “Universal Climate Agreement” project are well aware that the USA cannot sign up to international treaties without Congressional approval, and they also know that such approval will not be forthcoming. But they have watched with interest the “Obama Doctrine” and the use of Executive Orders by-passing Congress.

So they have hit upon the scheme of avoiding the “Treaty” word altogether, and calling the deal merely “an agreement”.  Brits and Europeans will immediately see a parallel with the “European Constitution” of 2005, which would have required ratification by EU member-states.  Knowing that such ratification would not be forthcoming from all member-states, the EU institutions adopted the simple device of changing the name, from European Constitution to Lisbon Treaty, with the deliberate objective of by-passing the ratification requirement.  They have learned their lesson well, and are applying the same thinking toParis.

President Obama has made it clear that in his view Paris will not require a two-thirds Senate majority (as would have otherwise been the case) because (he’ll say) it’s not a treaty but a voluntary agreement (as if accession to treaties were not normally voluntary).

But the current draft of the Paris agreement includes provision for an “International Climate Justice Tribunal in order to oversee, control and sanction the fulfilment of and compliance with the obligations of Annex I and Annex II Parties under this agreement”.  That’s an enforcement mechanism which would deal with non-compliance.  So it’s not a voluntary agreement.  It’s a Treaty in all but name.  The reluctance of American legislators to subject their country to international or supranational institutions is well known, not least in the case of the International Criminal Court.

The climate obsession has already seen President Obama stretching the American Constitution, by-passing Congress with the use of Executive Orders.  But this deliberate and cynical attempt to by-pass the Constitution’s provisions on Congressional ratification of international treaties goes a great deal further.  It is perhaps not too much to say that the President appears to be dismantling the American Constitution, one step at a time.  He may well find that the American Congress and the American people take a rather hostile view of this process.

For more on this, there’s an excellent article by my old friend Chris Horner in the Washington Times  and I have made extensive use of his piece in drafting my blog post.

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10 Responses to The Paris Climate Deal: a threat to the US Constitution?

  1. omanuel says:

    Yes, the Paris agreement will further erode the sovereignty of the United States constitution.

    The good news is that Big Brotherhas encountered a Bigger Force than the combined selfishness of all popes, politicians and pseudo-scientists.

    I just completed a one-page paper on “Assurance for Science Teachers” that I plan to post here later.

  2. David H. Walker says:

    Politicians of both stripes, on the west side of the pond, have never let an obstacle like the US Constitution stand in the way, especially with regard to green efforts.

    On the day it was inked into existence, the US EPA was granted rulemaking authority; so that Congress’ obligation to make law was remanded that agency, effectively politicizing the environment and giving the President lawmaking authority. It’s all blatantly unconstitutional, but even the US Supreme Court is too corrupt and incorrigible to appreciate the damage done to the people.

    We’re living in a post-Constitutional republic. The tree of liberty needs and deserves renewing. Where are the patriots?

  3. Info says:

    Roger: This is very important information that should be broadcast as wide as possible. What hope for us in the UK with the EU in control of this subject.

    • omanuel says:

      Wilfred, you can rest assured that Big Brother is going down.

      Popes, politicians, tyrants and puppet scientists hid the power greater than themselves for the past ~500 years (1543-2015), but now Big Brother is going down and human aspirations are rising!

  4. Richard111 says:

    Interesting stuff. You can clearly see how easy it is to corrupt democracy and work towards pushing in an un-elected world government.

  5. Ex-expat Colin says:

    The UN weather worriers have landed there already I think…comparing Air Miles and filling in travel claims. I suppose two fat cheeks of the same ar*e Prescott will arrive soon. Wider thrones fitted.

    On the topic of Greek debt. John Redwood explained something on the relief already given today…surprised me: (tell the southern states about the handy 49% chop!)

    “These very generous terms were not made available to other emergency borrowers from the EU. The ESM official website tells us these changes cut Greece’s debt burden by a handy 49% of 2013 GDP”.

    Calais still being screwed by France despite Vaz having a Commons Selects on it, plus his committee’s rolling visits. EuroTunnel pretty much called the government idiots for what they have done/not done.

  6. Ex-expat Colin says:

    Battery Buses London…failure and switch to diesel:

    That fits in with what a private bus company driver nearby told me a few weeks back. Their 4 electric coaches don’t work. I asked why the company bought them. Subsidy man!

  7. Ex-expat Colin says:

    Farage phones question in to LBC Labour looney leaders session. Vid part way down page.

    Jobs from Yvette Cooper. Well, TATA Steel is moving out of UK loosing 700 jobs due to what Mr Helmer often mentions. Cooper’s got a new Haribo sweet factory in her constituency..thats sweeties! That’ll fix it, but with Calais blocked constantly perhaps import/export of stuff is limited and costs are rising. Dunno?

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