---- Original Message ----- From: "Ian Murray" <seamus2001 at attbi.com>
> Senator Daschle Outlines A New Growth Agenda for the American Economy
> 5) Open New Markets and Expand Trade Adjustment Assistance
-I'd be interested in Nathan's and others take on why the Dems [and -Reps], want to scuttle-violate Art. I section 8? I know the easy -answer but would be interested in some complexification if there's -time. "To regulate commerce with foreign nations, and among the several -states, and with the Indian tribes..."
I'm not sure what constitutional issue you think is even at issue here. Fast Track/Trade Promotion Authority is merely a procedural rule passed by both houses, an important procedural rule, but nothing in the constitution restricts how the two chambers restrict amendments. Fast Track does not give the Presidency any formal new powers to regulate commerce-- it just gives it an up-down vote on any deals negotiated, which makes it less likely that it gets amended into a different form than desired. But since Congress is always free to completely reject any deal negotiated completely, no constitutional issue is touched.
There is a different issue involved in some of these trade deals based on arguments that they are treaties and thus require two-thirds votes for passage in the Senate. But the courts have rejected those arguments in the cases brought by the Steelworkers against NAFTA.
-- Nathan Newman