Friday, November 21, 2008

Iraq pact may violate constitutions, scholars warn.

This is from antiwar.com.
It is rather ironic that the semi-puppet government of Iraq is being more democratic with respect to SOFA than the US administration. Maliki still seems to be having trouble with the deal but at least he submitted it to the Iraqi parliament! I do not recall Obama having said anything about this matter but perhaps I missed it.


Iraq Pact May Violate Constitution, Scholars Warn
Posted November 20, 2008
Constitutional law scholars yesterday warned a congressional subcommittee that the Status of Forces Agreement (SOFA) between the United States and Iraq potentially runs afoul of the constitutions of both nations, and has urged the Bush Administration to rather seek an extension of the UN Mandate to authorize the troops to remain in Iraq beyond the end of the year.
From the Iraqi perspective, there continues to be dispute over how many votes are required to pass the 275-member parliament. The Maliki government has maintained that it needs only a simple majority, but opponents insist that security pacts require a two-thirds majority.
Of course that concern pales in comparison to the American side, where the administration has long asserted that no congressional approval will be sought. Though the president has the authority to pass executive agreements without Congress, scholars warn that the SOFA is far more comprehensive than previous ones, and would seem to require congressional approval.
Congressman William Delahunt has publicly condemned the Bush Administration over the deal, complaining that the they “kept the American people totally in the dark” and have refused to even provide the Congress with a copy of the deal.

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