Congress Introduce Bi-Partisan Bill To Abdicate Its Own Role And Screw Over American Public All At Once
from the shameful dept
We knew this was happening sooner or later, but Senate Finance chair Max Baucus, along with ranking member Orrin Hatch, have introduced the "fast track authority" bill in the Senate. Over in the House, the same basic bill has been introduced by Rep. Dave Camp. There had been rumors that the introduction of the bill would be delayed because not a single House Democrat would co-sponsor the bill, but apparently the existing bill supporters decided not to wait. Fast track authority or "trade promotion authority" is a very dangerous concept. It is basically Congress completely abdicating its Constitutional authority under Article I, Section 8, Clause 3, which grants Congress the sole power "to regulate commerce with foreign nations."Instead, what fast track authority means is that Congress is saying, "that's okay, you guys in the administration can handle that." Basically, it's Congress flat out telling the White House and the USTR that it, and not the Congress, can come up with trade agreements with foreign powers, and Congress will tie its own hands in being able to challenge or review the various provisions. Instead, it will limit Congress entirely to an up or down vote on the entire trade agreement. And, in this case, the fast track authority will be used to approve the TPP (and likely TAFTA/TTIP after that). These are trade agreements that, as we've already discussed, are designed to help certain legacy industries at the expense of innovation and the public. Specifically, this would grant the administration four years of "fast track authority" with an easy three year extension after that.
The most ridiculous part is that the sponsors of the bill that will give up Congress' own powers are claiming that it does the opposite:
TPA-2014 also provides greater transparency and gives Congress greater oversight of the Administration’s trade negotiations.Uh, no. It does the exact opposite. It takes away Congress' Constitutional powers to regulate commerce with other nations, providing less oversight for trade negotiations and guaranteeing even less transparency than the almost none that exists today. The sponsors of the bill are pretending that the details in the 107 page bill "instruct" the USTR how to properly negotiate things like the TPP, but it's basically just repeating the USTR's existing wishlist. Included are, of course, a section on the importance of "high standards of intellectual property protection" as well as support for dangerous corporate sovereignty tribunals, commonly referred to as "investor state dispute settlement" plans.
While this bill is moderately bipartisan in the sponsorship (with Senator Baucus selling out the majority of his party who is opposed to it), it's the Republicans who are the driving force behind this. And that makes no sense at all. This is the same Republican party who shut down the entire federal government to block the president's healthcare proposal, and has spent years attacking anything that even has the mild stench of the executive branch taking on a role that goes beyond what the Constitution allows. And yet here they are gleefully handing over the Constitutionally-given reins for regulating foreign commerce... to the president they hate? How does that make any sense at all?
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: congress, dave camp, fast track authority, max baucus, orrin hatch, tafta, tpp, trade promotion authority, ttip, ustr
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
Re:
Just add a new skull or two every once in a while, and they'd be tripping over themselves to do their jobs properly. And with actual good governance, monopolies would dissolve (e.g. the telcos), the economy would improve, unemployment would drop, policies that had run amok would be reined in (e.g. the NSA), the suicide rate would go down...
Lose a few corrupt officials, save uncountable lives, make the world a better place. Win-win-win.
[ link to this | view in chronology ]
Even if they pass it, unless the US can come up with new arm twisters, it is unlikely to pass the global approval beyond a select group participating in it now.
[ link to this | view in chronology ]
Re:
I completely forgot about global approval UN is already fighting with corporations on who gets the run the planet, but even is Fast-Track doesn't pass, the snobs will try another way, and we will be ready
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
I spotted the Fed first!
I win. :)
[ link to this | view in chronology ]
Can Congress give away that which the Constitution mandates?
[ link to this | view in chronology ]
Re: Can Congress give away that which the Constitution mandates?
I also don't recall the constitution stating that the president can also declare war, or that we send in our army to topple foreign governments through votes of 'use of military force' rather than votes of declarations of war.
The government can do whatever blatantly unconstitutional things it wants if no one in any of the 3 branches of government stops them.
[ link to this | view in chronology ]
Re: Re: Can Congress give away that which the Constitution mandates?
And don't even get me started on the first, second, fourth, and tenth amendments.
But hey, at least the government faithfully abides by the sixteenth.
[ link to this | view in chronology ]
Re: Can Congress give away that which the Constitution mandates?
[ link to this | view in chronology ]
Re: Re: Can Congress give away that which the Constitution mandates?
[ link to this | view in chronology ]
Re: Re: Re: Can Congress give away that which the Constitution mandates?
[ link to this | view in chronology ]
Re: Can Congress give away that which the Constitution mandates?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Stupid People everywhere!!!
If you believe that this law would actually be legal if they "pass it" then you need reeducation.
Our government is flat out acting like a criminal organization without any repercussions.
Nixon was a fucking saint compared to the idiots in there now.
[ link to this | view in chronology ]
Re: Stupid People everywhere!!!
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
It's NOT "the Republicans", Mike: it's THE ESTABLISHMENT.
Apparently you've already forgotten the anti-corporatist bit you took up late December, go rabbiting off on sheerly political tripe without mention of the beneficiaries of TPP.
If gov't doesn't tax money away from The Rich to use for The People, then The Rich use that money to further corrupt gov't.
08:49:33[j-402-6]
[ link to this | view in chronology ]
Re: It's NOT "the Republicans", Mike: it's THE ESTABLISHMENT.
I'm sure most of us would support either party that would support people-friendly proposals like ending copyright term extensions, guaranteeing fair-use exemptions, or demanding that a DMCA claim be verified by a human before being sent(no more mass-mailing auto-bots spewing legally-binding accusations). But since the vested corporate interests are in direct opposition to the public-interest on such issues (and there are rarely advocates for the public interest working Capitol Hill) there's little chance of that ever happening.
Even when the people demand change and candidates promise it repeatedly, it won't happen. That Obama turned out to be a staunch supporter of the very things he campaigned against so vociferously should not surprise anyone in the least.
[ link to this | view in chronology ]
Already called...
[ link to this | view in chronology ]
Re: Already called...
[ link to this | view in chronology ]
Re: Re: Already called...
[ link to this | view in chronology ]
Re: Re: Re: Already called...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Corporate sovereignty holds some merits in some situation (when dealing with dictatorships in particular), but between countries with somewhat working democracies it holds only few upsides and huge potential downsides!
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
.
.
.
.
End.
So to wrap up they are passing up their authority to fast track a bill they no literally zero things about. We need a new system this shit isn't working.
[ link to this | view in chronology ]
Re:
Garbage in, garbage out.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
The software is the people running the hardware.
Garbage in, garbage out.
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Star wars moment?
[ link to this | view in chronology ]
Honestly, this is pretty frightening
[ link to this | view in chronology ]
Blowback from SOPA?
Nah... couldn't be. That would mean that they are smart enough to SEE that people are likely to get pissed off and they are too oblivious for that.
[ link to this | view in chronology ]
Re: Blowback from SOPA?
[ link to this | view in chronology ]
Hold on...
We all knew this was coming back at the end of November when nothing happened despite the USTR/Obama begging Congress to pass the legislation giving the scumbags at the USTR the ability to force the TPP down our throats on a silver platter.
However, we're forgetting that midterms are this year, so the drop in Congressional productivity will hamper any chance of the Senate Finance Chair getting his bill passed...
[ link to this | view in chronology ]
Re: Hold on...
Well, maybe. If an important voting period is coming up, it's quite likely the ones pushing the bill(s) will be strongly 'urging' other congress/senate critters to pass this, so they can look like they're 'doing something', and the ability to look like they're 'doing something', while at the same time skipping out on actually having to do anything more than vote twice(one for FTA, one for the 'trade agreement') is likely to be very tempting to a lot of them.
[ link to this | view in chronology ]
Well, no shit they are, Mike.
[ link to this | view in chronology ]
It makes sense because it's what the corporations want and that's more important to Congress than any disagreement they might have with the president.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Well that's handy
[ link to this | view in chronology ]
Re: Well that's handy
[ link to this | view in chronology ]
Re: Re: Well that's handy
Also, if you really believe that all of the various parts of the 'trade agreement' are good, beneficial, and can stand under scrutiny, you should have no problem with the government and the people being able to go over, and reject or approve each piece on an individual basis, rather than the 'all or nothing' approach that FTA would turn it into.
[ link to this | view in chronology ]
Re: Re: Re: Well that's handy
This agreement has been done any differently today than it has since before most of those whining were born. You seem to fail to understand the difference between legislation and diplomacy.
I doubt you know anything about any other chapter than the IP chapter. And within that, I doubt you know (or care about) anything other than weakening copyright. So now you somehow think that copyright should be the tail that wags the dog?
That's precisely why an up/down vote is needed. so that extremists cannot torpedo an entire agreement over their one pet concern. The environmentalists would love a line item veto, so would organized labor. Congress has the ability to vote it down. What chaps your ass is that your desire to enfeeble copyright has to compete with the other components of the agreement. You clowns are always talking about competition. Here's a perfect opportunity for you to compete with the other trade concerns in the TPP. Go have at it.
[ link to this | view in chronology ]
Re: Re: Re: Re: Well that's handy
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Well that's handy
Go to Ecuador and take a look at the pollution Chevron is responsible for. Basically, when Ecuador complained, they took them to court, which ordered a sovereign nation to change its environmental laws to suit Chevron.
That is our future if TPP passes.
Oh, and pray to the Market that you never get sick; they're planning to ramp up "evergreening" on drugs.
Enjoy corporate tyranny.
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re: Well that's handy
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re: Re: Well that's handy
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re: Re: Re: Well that's handy
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re: Re: Well that's handy
Money & power, that's how. Incumbents almost always win reelection, but that in no way means they're successfully representing their constituents.
[ link to this | view in chronology ]
So the Congress has failed in overseeing the espionage madness allowing the NSA to reign free, it is simply ignoring tons of abuses by law enforcement and now wants to abdicate yet more capabilities of overseeing stuff? Why have a congress in the first place then if it doesn't do its job? Just close the damn thing down and let those morons sleep on the streets.
Seriously...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
"How does that make any sense at all?"
From a party perspective, this is a win-win. Less opportunities for individual politicians to exert granular influence, more opportunities for business interests to write and pass agreements wholesale.
The point of this bill is to make it easier for corporations and trade associations to get what they want.
[ link to this | view in chronology ]
After all, even the stupidest of Republicans realized they could never get another Republican Warlord into the White House after Gee Dubya Bush, even with a fully rigged election process, so they did the next best thing. They bought themselves a democrat-for-hire and made sure all the competing democrat and republican candidates were utter wack-jobs.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
Everything like the Affordable Care Act, or raising the debt ceiling, or raising taxes on the rich, or extended unemployment benefits, or immigration reform, or cap-and-trade, or recognizing gay marriage, or increasing the minimum wage….. is that what you mean?
Honestly, you have to be the stupidest motherfucker to grace these pages in a long while.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]