As a liberal Democrat who twice campaigned for President
Barack Obama
,
I am appalled that some Democratic members of Congress are
planning to boycott the speech of Israeli Prime Minister
Benjamin Netanyahu
on March 3 to a joint session of Congress. At bottom, this
controversy is not mainly about protocol and politics—it is about the
constitutional system of checks and balances and the separation of
powers.
Under the Constitution, the executive and legislative
branches share responsibility for making and implementing important
foreign-policy decisions. Congress has a critical role to play in
scrutinizing the decisions of the president when these decisions involve
national security, relationships with allies and the threat of nuclear
proliferation.
Congress has every right to invite, even over the
president’s strong objection, any world leader or international expert
who can assist its members in formulating appropriate responses to the
current deal being considered with Iran regarding its nuclear-weapons
program. Indeed, it is the responsibility of every member of Congress to
listen to Prime Minister Netanyahu, who probably knows more about this
issue than any world leader, because it threatens the very existence of
the nation state of the Jewish people.
Congress has the right to
disagree with the prime minister, but the idea that some members of
Congress will not give him the courtesy of listening violates protocol
and basic decency to a far greater extent than anything Mr. Netanyahu is
accused of doing for having accepted an invitation from Congress.
Recall that President Obama sent British Prime Minister
David Cameron
to lobby Congress with phone calls last month against
conditionally imposing new sanctions on Iran if the deal were to fail.
What the president objects to is not that Mr. Netanyahu will speak to
Congress, but the content of what he intends to say. This constitutes a
direct intrusion on the power of Congress and on the constitutional
separation of powers.
Not only should all members of Congress
attend Mr. Netanyahu’s speech, but President Obama—as a constitutional
scholar—should urge members of Congress to do their constitutional duty
of listening to opposing views in order to check and balance the
policies of the administration.
Whether one agrees or disagrees with Speaker
John Boehner
’s decision to invite Mr. Netanyahu or Mr. Netanyahu’s decision to
accept, no legal scholar can dispute that Congress has the power to act
independently of the president in matters of foreign policy. Whether
any deal with Iran would technically constitute a treaty requiring
Senate confirmation, it is certainly treaty-like in its impact.
Moreover, the president can’t implement the deal without some action or
inaction by Congress.
Congress also has a role in implementing
the president’s promise—made on behalf of our nation as a whole—that
Iran will never be allowed to develop nuclear weapons. That promise
seems to be in the process of being broken, as reports in the media and
Congress circulate that the deal on the table contains a sunset
provision that would allow Iran to develop nuclear weapons after a
certain number of years.
Once it became clear that Iran will
eventually be permitted to become a nuclear-weapon power, it has already
become such a power for practical purposes. The Saudis and the Arab
emirates will not wait until Iran turns the last screw on its nuclear
bomb. As soon as this deal is struck, with its sunset provision, these
countries would begin to develop their own nuclear-weapon programs, as
would other countries in the region. If Congress thinks this is a bad
deal, it has the responsibility to act.
Another reason members
of Congress should not boycott Mr. Netanyahu’s speech is that support
for Israel has always been a bipartisan issue. The decision by some
members to boycott Israel’s prime minister endangers this bipartisan
support. This will not only hurt Israel but will also endanger support
for Democrats among pro-Israel voters. I certainly would never vote for
or support a member of Congress who walked out on Israel’s prime
minister.
One should walk out on tyrants, bigots and radical extremists, as the United States did when Iran’s
Mahmoud Ahmadinejad
denied the Holocaust and called for Israel’s destruction at the
United Nations. To use such an extreme tactic against our closest ally,
and the Middle East’s only vibrant democracy, is not only to insult
Israel’s prime minister but to put Israel in a category in which it does
not belong.
So let members of Congress who disagree with the
prime minister’s decision to accept Speaker Boehner’s invitation express
that disagreement privately and even publicly, but let them not walk
out on a speech from which they may learn a great deal and which may
help them prevent the president from making a disastrous foreign-policy
mistake. Inviting a prime minister of an ally to educate Congress about a
pressing foreign-policy decision is in the highest tradition of our
democratic system of separation of powers and checks and balances.
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