
Associated Press
President Obama addresses the U.N. General Assembly
It hasn't gotten much attention, but UN's International Telecommunications Union has hosted a conference this week, and much of the discussions have focused on a possible treaty on Internet freedom. Yesterday, however, the Obama administration's delegation balked at the proposed treaty's language, arguing that it opened the door to censorship.
A senior administration official told the Washington Post. "We can't conceive of a signing the text without a major revision at this point."
This struck me as interesting on its face, but it also got me thinking about treaties in general. Let's say the International Telecommunications Union's conference was going far better, and U.S. officials were duly impressed by the treaty on Internet freedom. Let's even say the Obama administration decided it's a treaty worth signing.
It probably wouldn't make much difference, since Senate ratification of treaties has gone from difficult to practically impossible.
After Senate Republicans killed the U.N. Convention on the Rights of Persons With Disabilities, Dan Drezner called the opposition "dumber than a bag of hammers," but added something that stuck in my head:
I've blogged on occasion about the development of a sovereigntist lobby that reflexively opposes all treaties because they erode U.S. sovereignty. For these people, any infringement on American sovereignty is a death blow to freedom, regardless of the benefits from joining.
That's true, but what goes generally unsaid is that this sovereigntist lobby, coupled with the radicalization of Republican politics, has created conditions in which the United States may no longer be able to ratify any treaty for any reason on any issue.
By constitutional mandate, it takes 67 Senate votes to ratify a treaty, which means any measure that has even the slightest chance would need a significant chunk of the Senate Republican conference to meet the two-thirds threshold -- and by all indications, that's no longer a realistic option.
Kevin Drum noted after the disabilities treaty was defeated:
Movement conservatives tend to tolerate trade treaties, but that's about it.... They don't like treaties, they've never liked treaties, and if there's nothing obviously wrong with one they'll invent a bunch of bizarre conspiracy theories in order to get themselves worked into a frenzy about it.
Quite right. The next step, however, is a broader understanding of the consequences.
The disabilities treaty was an opportunity for the United States to show some global moral leadership, but it was killed. U.S. military leaders strongly support the Law of the Sea treaty, but Republicans refuse to allow it to be ratified, too. The Committee on the Elimination of Discrimination against Women (CEDAW) deserves a fair hearing, but the GOP won't give it one. The United Nations Convention on the Rights of the Child is now the longest of long shots (the United States joins Somalia and South Sudan as the only countries on the planet who refuse to ratify it).
Two years ago next week, the Senate just barely ratified the New START nuclear treaty, over the objections of most Senate Republicans, and it enjoyed the support of the Pentagon, the Joint Chiefs, eight former secretaries of state from both parties, five former secretaries of defense from both parties, seven former Strategic Command chiefs, national security advisers from both parties, nearly all former commanders of U.S. nuclear forces, and former President George H.W. Bush.
The point, in other words, is that extremist elements that dominate Republican politics in the 21st century have severely undermined the nation's ability to lead in a global arena. The right has also raised fears about "sovereignty" when it comes to treaties, but up until very recently, ratifying measures was still seen as entirely feasible. Today, even if the White House endorses a treaty, international diplomats realize that it's no longer up to the president, and Senate ratification of everything is unlikely, if not impossible.
There are plenty of treaties that deserve to be crafted and considered -- most notably one addressing the climate crisis -- but until the fever in Republican politics subsides, we appear to have entered a post-treaty phase of American leadership.





Gridlock is good.
Brainlock is bad
Blankman - ignorance is NOT bliss, it's just blinding ignorance and it endangers others....
Is that another of "Shooter's Laws?" How's that gridlock working out for the global economy?
I have a feeling you had a very different view when the Democrats were filibustering Bush.
annie oakley242: Are you going to sell all that stock you bought in that Black Helicopter Company???
Shooter, if ignorance is bliss, you must live a life of uninterrupted ecstasy!
Amen Shooter. Until the U.N. starts "crafting" treaties the aren't at odds with the american people we should shut them down.
Right because we don't need no stinking treaties...
If it's not worth taking at gun point then it must not be worth having
(Seek help...Soon)
Absolutely. The American people are adamantly opposed to equal treatment for the disabled and will not tolerate anything that prevents them from discriminating against people in wheelchairs and with white canes.
Inspector seems to be projecting his own feelings on the American people.
Inspector: The Senate already squashed all hope regarding the Craft Treaty. We can't have elderly ladies quilting like banshees and young Asian immigrants folding Origami for petes sake...
elect clowns and you end up with a three ring circus.
"...was an opportunity for the United States to show some global moral leadership..."
And therein is the flaw, right now NOT one GOTP member in Congress understands or has a clue about real morality! These people are so afraid that they see the Boogie Man every where - even in their neighbors! They like to pretend that they are "independent & did it all by themselves" and appear to have NO understanding of the basic concept that "WE are ALL in this together". I'm really starting to believe that they all (desperately) need psychiatric examinations as they are all suffering from mass psychosis!
Even George Lucas couldn't write this up.....
So much for the consideration of 'American Exceptionalism'.
The treaty on disabled rights didn't go as far as American law already does. The United States stands with nations like Iran, Syria, North Korea and other well known bastions of freedom in opposing these sorts of treaties.
That's the lever that needs to be hammered home- that Republicans have the same world view as those they absolutely hate.
Of course, the current Republican party seems to be totally immune to shame, or facts for that matter...
That's not exactly new in history. Having common interests can make for alliances, but being motivated by hate and a lust for power isn't one of them.
Nonsense. We don't need treaties, because we have the mightiest military that the world has ever seen.
I think I know you.
I think you mean this as snark.
And I thought that John Birch Society died in the late 60s.
If the Republicans can't control it, they must kill it.
They'd rather destroy our economy, our government and our role in the world rather than allow Obama to govern.
They have a right to be bigoted and to act on those convictions--any restrictions is an attack on their freedom. The whole "due unto others, then split" mentality.
The phrase you're looking for is, "Rule or Ruin."
The fact that Congress will not ratify a treaty should not prevent Obama from signing it. By not signing it, he is covering for Republican intransigence and is exhibiting a lack of leadership. A leader leads whether there is a parade following him or not. Obama has always based his actions on the size of the parade following him, and that is not leadership.
A small matter of the Constitution requiring senate confirmation of treaties.
Obama signed the disability treaty, and does not want to sign the other one. You are simply wrong. Take the Auto Bailout, that was hugely unpopular across the entire political spectrum, even I questioned it because it looked like they were in a death spiral.
The president can sign a treaty and agree to abide by its terms even if it is not ratified. The purpose of ratification is to make the treaty the law in this country. Without ratification, the US can withdraw its agreement or even stop abiding by its terms without going through the formal process under international law. Presidents have followed treaties even though they have not been ratified by the Senate. This is done to further international relations with countries despite the failure of the political process.
And that's something the wingers elide: that ratified treaties are laws of the United States. The supremacy clause of the Constitution says so. Duly-enacted laws of the land undermine US sovereignty? Please.
The ultimate blame rests squarely with the voters who put people like Rand Paul and Louis Gohmert into office.
B.S. Benen...
The senate will approve trade treaties that continue to sell the ameriKan workers down the tubes. Repuke senators & their corporately owned dumbocrap brothers willing pass all treaties that f*ck over our workers & benefit their corporate masters.
Actually, there are two things about your article that are incorrect.
Somalia would like to ratify the UN Convention on the Rights of the Child. They stated so. They just don't have a central government at the moment, so it's not a refusal, it's an incapability.
Also, South Sudan can't ratify the Convention cause they weren't in existence when the thing was signed. They haven't signed it so they can't ratify it.
Treaties to repubs are like everything else: do it my way and we'll accept it....unless of course someone else comes up with the same idea as we did, in which case we will oppose it.
Republicans probably wouldn't even support treaties on their terms these days. By their very nature, a treaty gives shared authority to the group that signed it. The party seems to have descended into such a warlord mindset that even bi-lateral agreements between nations probably won't fly. For the GOP, the only acceptable approach to foreign policy is US-enforced mandates at gunpoint preferably without any messy paperwork that can be challenged.
Don't these people realize that the United States of America was created by a treaty? The Treaty of Paris created the U.SA
http://www.loc.gov/rr/program/bib/ourdocs/paris.html
Idiots!
Paris? As in Paris, France? America is un-American!
People in the US seem to forget we would have not won the Revolutionary War without French help. That and Benjamin Franklin convinceing the French to help us. Mon Cherie Franklin! Vive le France!
I hope you know I was being sarcastic.
MM
Yes I know you were being sarcastic. Nonetheless it pisses me off when the right disses France. France did a lot for the creation of this country and we shouldn't forget that. That and Ben Franklin is my favorite Founding Father. Good old naughty Ben.
OK. Good. I have plenty of French ancestors.
Mon Cheri MM!