Scholars Say ACTA Needs Senate Approval

suraj.sun passes along this excerpt from Wired: "More than 70 academics, mostly legal scholars, are urging President Barack Obama to open a proposed international intellectual-property agreement to public review before signing it. The likely route for that is bringing the [Anti-Counterfeiting Trade Agreement] to the Senate for ratification. ... the intellectual property accord, which Obama could sign by year's end, has pretty much been hammered out in secret between the European Union, Japan, the United States and a few other international players, including Canada and Australia. Noticeably absent is China. That said, these academics suggested that Obama does not have the authority to unilaterally sign the accord, which has been in the works for three years and is nearly final. Instead, they said, it should be considered a treaty, necessitating two-thirds Senate approval."

Comments

Re:We need scholars to tell us that?

[Conspiracy_Of_Doves]

Yes, but Obama is trying to pass this off as being something other than a treaty.

Re:We need scholars to tell us that?

[Shakrai]

That can't be, he ran on a platform of openness and transparency.

Re:Bad move

[alSeen]

Treaties do NOT supersede the Constitution.

"This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty." - Reid v. Covert, October 1956, 354 U.S. 1, at pg 17

Re:Bad move

[Jaysyn]

This has become a popular meme in politics, but it simply isn't true. Re: Reid v. Covert, October 1956

More info here, here, & here.

Re:We need scholars to tell us that?

[SirGarlon]

The same way the president can issue edicts that are not laws, they're "Executive Orders." Or the Guantanamo prisoners are not prisoners of war, they're "Enemy Combatants." Or security for the G8 summit is not suppressing dissent, it's "designating Free Speech Zones." Sometimes the law or the Constitution is inconvenient to the President, so he makes up a new label for something he's not allowed to do, and decrees that the law or Constitution doesn't apply because of that label.

This is not a Democrat/Republican thing: George W. Bush and Obama are pretty different from one another yet they have both used these shenanigans routinely. It's a "power corrupts" thing. (Or perhaps a "Congress is asleep at the wheel" thing, or a "why haven't the people stormed the White House with torches and pitchforks?" thing.)