The day after the White House waved the white flag on the Corker-Menendez bill that would force President Obama to submit a nuclear deal with Iran for congressional approval some of his press cheering section is still lamenting this defeat. The New York Times editorial page continued to rage about the spectacle of Democrats uniting with Republicans to force some accountability on the president. Meantime, congressional critics of the president were likewise still celebrating and denouncing the administration’s claims that the amendments Corker allowed to be added to the bill substantially modified it as nothing more than cheap spin. But in a classic example of how our political class—both on the left and the right—can be equally mistaken despite holding opposite views, both the Times and conservative Obama critics are wrong. By embracing the Corker bill, the White House has more or less assured that a terrible Iran deal will be ratified.
Let’s pause a moment to note that the Times’s argument against congressional review of the Iran deal is yet one more example of the shameless and utterly unprincipled partisanship of the Democrats’ paper of record. Had this been a Democratic-controlled Congress seeking to force a Republican president like George W. Bush from concluding a foreign agreement without observing the constitutional niceties in which the Senate must approve such documents, the Times would be invoking the need to defend the rule of law and inveighing against a GOP imperial presidency. But since this is a Democratic president facing off against a Republican Congress, they take the opposite point of view and say Congress is meddling in the president’s business. Need we remind the editors of the Times about what The Federalist Papers say about the dangers of a president acting as if he is an “hereditary monarch” rather than an “elective magistrate” again?
But instead of wasting time pointing out the obvious, it might be just as important to tell the president’s critics to stop patting themselves on the back for forcing him to back down on Corker-Menendez. The more you look at what this bill accomplishes, the more likely it seems that Obama will get his way no matter how bad the final version of the Iran deal turns out to be.
Even if we dismiss the concessions Corker made to the president’s Democratic Senate allies as not significant, the basic facts of the situation are these. Instead of the Iran deal being presented to the Senate as a treaty where it would require, as the Constitution states, a two-thirds majority to pass, Corker-Menendez allows the deal to be voted upon as a normal bill. That means that opponents need only a simple majority to defeat it. That’s good for those who understand that this act of appeasement gives Iran two paths to a bomb (one by cheating on it via huge loopholes and one by abiding by it and patiently waiting for it to expire) and needs to be defeated, right? Wrong.
By treating it as a normal act of legislation, the president will be able to veto the measure. That sets up a veto override effort that will force Iran deal critics to get to 67 votes, a veto-proof majority. If that sounds reasonable to you, remember that in doing so the bill creates what is, in effect, a reverse treaty ratification mechanism. Instead of the president needing a two-thirds majority to enact the most significant foreign treaty the United States has signed in more than a generation, he will need only one-third of the Senate plus one to get his way.
By allowing pro-Israel Democrats a free pass to vote for Corker-Menendez the president is giving them a way to say they voted to restrain the president before also granting them a path to back him by either voting for the deal or failing to vote to override the president’s veto. That gives plenty of room for inveterate schemers such as Democratic Senate leader-in-waiting Chuck Schumer to make sure the president gets his 34 votes while giving some Democrats, including perhaps himself, impunity to vote against him.
What has happened here is that despite furious effort and hard legislative work all critics of Obama’s pursuit of détente with Iran have accomplished is to allow him the opportunity to legally make a historic and disgraceful act of betrayal of Western security with the least possible support. They may have had no better options and I’ll concede an ineffectual vote on an Iran deal might be better than no deal at all, but please spare me the praise for Corker’s bipartisanship or the chortles about how the White House was beaten. What happened yesterday actually advanced the chances for Iran appeasement. And that’s nothing to celebrate.