President Obama “is working to forge a sweeping international climate change agreement” but “without ratification from Congress,” the New York Times reports. Yet the U.S. Constitution provides that two-thirds of the Senate must consent to an agreement in order for it to be a valid treaty. So the Times reports that Obama’s goal is a “hybrid agreement” that blends “legally binding conditions from an existing 1992 treaty with new voluntary pledges.” Somehow, countries would be legally required to make emission cuts that would also be voluntary. Not a treaty, but a treaty-ish.

The political reaction is predictable. Senate Minority Leader Mitch McConnell told the Times that Obama once again is circumventing Congress. From the right, the new proposal fits a pattern of “domestic Caesarism”—using executive power to implement policies rejected by Congress. The complaint is sweeping, from this proposal about climate regulation to health care and immigration enforcement. By contrast, Harvard professor Jack Goldsmith points out that the president cannot enter a treaty on his own. He can make agreements with foreign leaders until he is blue in the face, but those agreements can’t force a reduction in U.S. emissions unless Congress passes a law saying so. Goldsmith sees the president’s action as symbolic, a way to stake out a legacy and inspire his base. So which is it, gauzy PR or yet another step toward dictatorship?

Continue reading at Slate…

Areas of Focus: Climate Change
Definition
Climate Change
Climate change is an urgent global challenge. EPIC research is helping to assess its impacts, quantify its costs, and identify an efficient set of policies to reduce emissions and adapt...
Climate Law & Policy
Definition
Climate Law & Policy
As countries around the world implement policies to confront climate change, EPIC research is calculating which policies will have the most impact for the least cost.
Environment
Definition
Environment
Producing and using energy damages people’s health and the environment. EPIC research is quantifying the social costs of energy choices and uncovering policies that help protect health while facilitating growth.