At National Review, John Yoo says Sen. Orrin Hatch’s fast-track bill has been cleverly written to give Congress real leverage over Pres. Obama in matters of international trade.
Writes Yoo:
Senator Orrin Hatch, who co-wrote the fast-track proposal, could not have demonstrated his skill at containing the executive branch to better effect. Compare the fast-track bill to the Corker legislation on the Iran nuclear agreement. Under the fast-track bill, Obama can make a trade pact but — without Congress — the United States will not change any of its laws to bring us into compliance. That will kill any deal. Obama’s veto is meaningless, because without congressional action, he is left with nothing. Under the Iran legislation, Congress has reversed the Constitution’s polarity. It treats Obama’s agreement as a done deal unless Congress votes to reject it, and even allows President Obama to veto the rejection. It effectively requires Congress to vote by two-thirds to stop an Iranian agreement, and if it fails to, most courts will conclude that President Obama acted with Congress’s implicit consent.
