Kim Holmes of the Heritage Foundation critiqued the extant draft of the treaty in the Washington Times on 11 July, pointing out, essentially, that its language will work to the advantage of whoever has the most popular cause in the UN. Russia and China, for example, could justify all their arms sales under the category of national security, whereas the US could be charged with “keeping conflicts going” by selling arms to Taiwan or Israel (or Japan or the UK, for that matter).
She also makes the case that the mere existence of the treaty, even if the US Senate doesn’t ratify it, will provide a ready slate of off-the-shelf provisions for Congress to incorporate into US law. Other commentators have pointed out that Obama could, in theory, sign the treaty and develop executive-agency enforcement procedures against the US arms industry and American gun-owners, which Congress would have difficulty preventing.
Executive “initiative” has been a common practice of the Obama administration, and in the case of the drilling moratorium, was adhered to in the face of court orders to cease and desist. A great deal of the traditional strength of checks and balances has been undermined during the Obama administration. It is sensible to be concerned about unilateral “enforcement” of the Arms Trade Treaty by the Obama executive. Court challenges might well not be dealt with before the end of Obama’s term.
Obama has shown that he completely disdains the restraints the Constitution places on the presidency and that he has no intention of faithfully executing the laws and upholding the Constitution.
What would restrain him now?
There is no reason for optimism given his recent behavior. None. Counting on his political acumen is futile given his recent “gaffes”. That he’d be signing on to a treaty negotiated and endorsed by Iran is, for Obama a feature, not a bug.
I’m betting that yes, he’ll sign it and that yes, he’ll order executive actions outside the laws and Constitution of the US to enforce it. He has already shown that he will order executive actions outside his authority.
Why would anyone think this would be different?
What are you going to do to stop this? All it takes for tyranny to triumph is a failure to act. How are you going to vote in November?