Right track, not fast track

By Curtis Ellis

The president’s actions to unilaterally rewrite our immigration laws are merely one facet of his plan to fundamentally transform America.

President Obama is asking Congress to grant him “fast track” trade promotion authority so he can “write rules for the world’s economy.”

Trade Promotion Authority, or TPA, would prevent Congress from amending as much as one word of those rules, a sweeping agreement known as the TransPacific Partnership that the White House has been working on for the past six years.

Senate Majority Leader Mitch McConnell has said giving Obama such authority would be “an enormous grant of power from a Republican Congress to a Democratic president.”

It is an enormous grant of power. And it would be a mistake – but not just because of which party controls the White House or Congress.

The routine, lump-sum delegation of numerous congressional authorities to the executive must end.

Congress needs to take the lead in preserving checks and balances as the co-equal branch of government as stipulated in the Constitution.

The founders gave Congress exclusive authority to regulate commerce with foreign nations – trade. The very first act of Congress in 1789 did exactly that – it imported tariffs on imported goods. In the 1970s, Congress asserted its authority again with the Jackson-Vanick Act. Passed unanimously over the objections of the executive branch, Jackson-Vanick denied “Most Favored Nation” status to countries that violate the rights of citizens. Congress said America will use its economic power to promote our values: just as American citizenship is a privilege, not a right, so, too, is access to the American market. Only those who meet our standards should enjoy its benefits.

Rather than being a rubber stamp for whatever trade agreement it is handed by the executive, Congress should exercise its constitutional duty to regulate trade before negotiations begin, not six years into the process, when they are nearly complete, as is the case now with Obama’s TransPacific Partnership.

In a constitutional, balanced process, Congress would determine which countries are appropriate for receiving privileged access to the U.S. market as a “Most Favored Nation.” We wouldn’t reward a regime that supports terrorism, human trafficking or, as is the case of Brunei, violates religious persecution. This Islamic sultanate has instituted Shariah law – and is included in the TransPacific Partnership.

As well as choosing which countries are appropriate trade partners, Congress would also determine what will be negotiated.

The agreement the White House has been writing isn’t merely about how many widgets Country X can import or export. It’s about the Internet, financial services, food, films, energy, drugs, patents and more – literally all commerce that takes place within our borders as well as internationally. The president isn’t exaggerating when he says he’s writing the rules for the world’s economy, and that includes our own economy.

For Congress to cede its oversight over such a sweeping agreement would be dereliction of duty.

The American people must be at the negotiating table – and they can, through their elected representatives in Congress.

In a balanced process, the full range of congressional committees would hold hearings before negotiations begin to get input from everyone whose work would be impacted. Congress would establish clear objectives, what would be included and what is off the table, and Congress would be regularly informed of progress throughout the negotiating process. This way we would ensure that trade deals are in the best interest of our country, not just a small group of well-connected insiders.

The founders understood human nature and how a term-limited executive with unchecked power to make contracts with other countries would be “tempted to betray the interests of the state to the acquisition of wealth.” Now, with globe-straddling corporations and foreign countries richly endowing foundations, “think tanks” and lobbyists in Washington, the temptations are greater than ever. The founders were wise to check executive power with Congressional oversight.

Congress must preserve the balance of powers the founders established in the Constitution. It must not surrender its ability to hold the president accountable.

Contact your representatives in Congress and tell them you oppose giving the president fast track trade promotion authority. We must stay on the right track and return our government to its constitutional roots.

Curtis Ellis

Curtis Ellis is a political communications consultant and senior policy adviser with America First Policies. Read more of Curtis Ellis's articles here.


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