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      Katherine Tai unanimously confirmed as first Asian American US trade representative

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      Sign up for the Guardian’s First Thing newsletterThe US Senate on Wednesday voted unanimously to confirm the veteran government trade lawyer Katherine Tai as the first woman of color and first Asian American to serve as the US trade representative, putting her to work enforcing trade deals, confronting China’s trade practices and patching up ties with US allies.The rare 98-0 vote for Tai, a Yale and Harvard-educated daughter of immigrants from Taiwan, reflects support from pro-labor Democrats, traditional free-trade Republicans and China hawks from both parties.Tai, 47, formerly served as the chief Democratic trade counsel for the House ways and means committee, where she helped to negotiate stronger labor rights provisions in the US-Mexico-Canada Agreement. She also was USTR’s head of China trade enforcement during the Obama administration.Tai will immediately get to work on a range of issues, including festering disputes with European Union countries over aircraft subsidies and digital services taxes and prodding China to comply with World Trade Organization rules and a “Phase 1” trade deal with the United States.Valdis Dombrovskis, the EU trade commissioner, congratulated Tai in a tweet, saying he wanted to quickly resolve trade disputes.“The EU is ready to engage immediately & constructively to reboot the transatlantic trade agenda,” Dombrovskis tweeted.Congratulations and requests from industry also rolled in after the vote, including pleas for relief from tariffs imposed in trade fights that erupted during Donald Trump’s administration.The Distilled Sprits Council urged that negotiations with the EU and Britain be prioritized to “secure the immediate suspension of tariffs on American Whiskey”.The American Chemistry Council called for trade policies that enhance US competitiveness in the sector, including “access to new markets, tariff relief and greater regulatory coherence”.Chuck Schumer, the Senate majority leader, called Tai “one of our most seasoned experts in international trade” and said she would play a crucial role in enforcing US trade deals and ensuring a level playing field for American workers and businesses. In Senate floor remarks, he did not mention negotiating new trade deals.“She will be an essential player in restoring America’s credibility with our trading partners and promoting international cooperation to tackle some of the world’s biggest problems, from the global pandemic to climate change,” Schumer said on the Senate floor. “I have not a single doubt that Ms Tai is the right person for the job.” More

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      Biden tells migrants 'don't come over' US border as he tackles inherited 'mess'

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      Joe Biden told immigrants making the difficult journey to the US-Mexico border “don’t come over” as the administration attempts to respond to an increase of unaccompanied children seeking asylum.In a wide-ranging interview with ABC News’ George Stephanopoulos, aired in full on Wednesday morning, the US president also discussed vaccines, Vladimir Putin and the New York governor, Andrew Cuomo.Biden said his plan for the immediate issue of children needing safety at the border was to increase the number of beds available and speed up the process of placing children with sponsors in the US while their legal cases play out.“We will have, I believe by next month, enough of those beds to take care of these children who have no place to go,” Biden said.In the interview Biden was also critical of the existing process for migrants. “You have to try and get control of the mess that was inherited,” Biden said.Longer-term, Biden said his plan for the border included creating programs to address the factors driving people from their home countries – including violence, poverty, corruption and the climate crisis – and to allow children to apply for asylum from those countries, instead of at the border. “They come because their circumstance is so bad,” Biden said.But he emphasized that the US was still blocking most asylum-seeking adults and many families from pursuing their claims at the border. “I can say quite clearly: don’t come over,” Biden said.Stephanopoulos also pressed Biden on his vaccine plan, asking when things would return to normal. Biden said his previously stated goal of getting things close to normal by the Fourth of July holiday wouldn’t happen unless people wear masks, socially distance and wash their hands.Biden also said he was surprised that the conversation about vaccines had been politicized.“I honest to God thought we had it out,” Biden said. “I honest to God thought that, once we guaranteed we had enough vaccine for everybody, things would start to calm down. Well, they have calmed down a great deal. But I don’t quite understand – you know – I just don’t understand this sort of macho thing about, ‘I’m not gonna get the vaccine. I have a right as an American, my freedom to not do it.’ Well, why don’t you be a patriot? Protect other people.”Biden said that since being vaccinated, he has been able to hug his grandchildren and see them in his home.The pair also discussed Biden’s foreign policy plans and the president said he was currently reviewing the deal made by Donald Trump with the Taliban to have the US pull its troops from Afghanistan by 1 May.“I’m in the process of making that decision now as to when they’ll leave,” Biden said. “The fact is that, that was not a very solidly negotiated deal that the president – the former president – worked out. And so we’re in consultation with our allies as well as the government, and that decision’s going to be – it’s in process now.”Biden said it would be “tough” for all service members to leave by the May deadline.“It could happen,” he said, “but it is tough.”Stephanopoulos asked Biden if the Russian president would “pay” after the US chief intelligence office found that Putin had overseen efforts aimed at “denigrating” Biden’s candidacy in the 2020 presidential election.“He will pay a price,” Biden said, noting that the two leaders had spoken in January about Putin’s election meddling.“The conversation started off, I said, ‘I know you and you know me. If I establish this occurred, then be prepared.’”Stephanopoulos asked: “So you know Vladimir Putin. You think he’s a killer?”“Mmm hmm, I do,” Biden replied.Biden was also asked about US leaders, including the allegations that Andrew Cuomo sexually harassed several women. The state attorney general is investigating the claims and several prominent New York politicians have called for the Democratic governor to step down.Stephanopoulos asked Biden: “If the investigation confirms the claims of the women, should he resign?”“Yes,” Biden replied. “I think he’ll probably end up being prosecuted, too.”The interview concluded with Stephanopoulos asking Biden about his dog, Major, who the White House recently announced had caused “a minor injury” to someone on the property. After, Major was brought to the Biden home in Delaware, where he is now being trained.Biden said Major did not bite someone and break their skin and only went to the Delaware home because he and his wife, Jill Biden, were going to be away for a few days. The new environment of the White House startled Major, Biden said.“You turn a corner, and there’s two people you don’t know at all,” Biden said. “And he moves to protect. But he’s a sweet dog. Eighty-five per cent of the people there love him. He just – all he does is lick them and wag his tail.” More

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      Mitt Romney calls for ‘economic and diplomatic’ boycott of Beijing Olympics

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      The US should boycott the Beijing Winter Olympic Games next year, Mitt Romney said on Monday – but not by keeping its skiers, curlers and bobsledders at home.In a New York Times column, the Utah senator said Washington should implement “an economic and diplomatic boycott” of the quadrennial winter sports jamboree.Such a move, he said, would “demonstrate our repudiation of China’s abuses in a way that will hurt the Chinese Communist party rather than our American athletes: reduce China’s revenues, shut down their propaganda and expose their abuses”.Romney went on to list such abuses. China, he wrote, had “reneged on its agreement to allow Hong Kong self rule; it has brutally suppressed peaceful demonstrators and incarcerated respected journalists”.“It is exacting genocide against Uighurs and other ethnic minorities; Uighur women are forcefully sterilized or impregnated by Han Chinese men. Adults, ripped from their families, are sentenced into forced labor and concentration camps. Among ethnic Chinese, access to uncensored broadcast news and social media is prohibited. Citizens are surveyed, spied upon and penalized for attending religious services or expressing dissent.”Romney is a former venture capitalist and Massachusetts governor who famously took charge of preparations for the 2002 Winter Olympics in Salt Lake City, Utah. Debate has raged ever since over the extent to which he helped to “save” an operation dogged by financial and management scandals.Romney won the Republican nomination for president in 2012, a race he lost after Barack Obama pulled away in the home straight. The Republican’s Secret Service codename was the appropriately the Olympic-sounding “Javelin” and he regularly referred to his success in Salt Lake City. Beijing last hosted the summer Olympics in 2004. It will be the first city to host the winter games too, but it seems sure to face some sort of boycott.Groups representing Uighurs, Tibetans, Hong Kong and campaigners for democracy in China are pushing for athletes or diplomatic boycotts. Having failed to persuade the International Olympic Committee to move the games out of China, activists are targeting national committees, athletes and sponsors.The US last mounted a boycott in 1980, when American athletes stayed away from the summer games in Moscow in protest of the Soviet invasion of Afghanistan. China also stayed away then.But in Romney’s view now, “prohibiting our athletes from competing in China [in 2022] is the easy, but wrong, answer”.“… The right answer is an economic and diplomatic boycott of the Beijing Olympics. American spectators – other than families of our athletes and coaches – should stay at home, preventing us from contributing to the enormous revenues the Chinese Communist party will raise from hotels, meals and tickets. American corporations that routinely send large groups of their customers and associates to the games should send them to US venues instead.“Rather than send the traditional delegation of diplomats and White House officials to Beijing, the president should invite Chinese dissidents, religious leaders and ethnic minorities to represent us.”Romney also called on NBC, which broadcasts the Olympics in the US, to “refrain from showing any jingoistic elements of the opening and closing ceremonies and instead broadcast documented reports of China’s abuses”.In his own column on Monday, for Fox News, the Texas Republican senator Ted Cruz said US athletes “should go to Beijing next year proudly, bring home medal after medal, and show the world what it means to compete on behalf of a free society”. More

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      Chaos Under Heaven: Trump as raging bull in a China policy shop

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      Covid-19 has left more than 530,000 Americans dead and China’s standing with the US at a historic low. Only Iran and North Korea fare worse. US opinion is no outlier. China’s reputation has taken a beating in Australia, the UK, Sweden, the Netherlands and Germany. Images of tanks rolling through Tiananmen Square in summer 1989 have been supplanted by Beijing stonewalling on the origins of the plague.In Chaos Under Heaven, the Washington Post reporter Josh Rogin reminds us that under Xi Jinping, China halted the export of personal protective equipment made by US companies, sent defective PPE to the Netherlands and barred Australian beef exports after Canberra called for an inquiry into the genesis of Covid-19. In Rogin’s telling, China’s “mask diplomacy” was a blunt instrument, designed to still criticism abroad and sow fear at home.Rogin delivers a needed modicum of clarity. Under the subtitle Trump, Xi and the Battle for the Twenty-First Century, he lays out what the US and its allies got wrong about China over decades, strife within the Trump administration and personal financial conflicts that affected US policy. Mitch McConnell, the Senate minority leader, and Jared Kushner and Ivanka Trump feature heavily. But Hunter and James Biden bear watching too.McConnell’s wealth is tethered to his wife’s family interest in Chinese shipping. Angela Chao, his sister-in-law, is chief executive of the business and sits on the board of the Bank of China. Most recently, the US transportation department inspector general reported that Elaine Chao, McConnell’s wife and Trump’s transportation secretary, escaped criminal investigation after the justice department weighed in.If the Chinese were to invade Taiwan, Trump said, ‘there isn’t a fucking thing we can do’. So much for US policyIn fall 2019, McConnell and Trump thwarted progress on the Hong Kong Human Rights and Democracy bill, which had cleared the Senate foreign relations committee, then controlled by Republicans. Back in 1992, McConnell backed legislation enacted in connection with the autonomy of Hong Kong. As late as summer 2019, he wrote an op-ed in support. Time – and perhaps marriage – can change perspective.Rogin has longtime interests in human rights and the far east. He spent the early days of his career at the Asahi Shimbun, a Japanese daily, and more recently rubbed shoulders with an informal group of opponents to the Chinese regime, which he calls the “Bingo Club”. One member was Peter Mattis, a former CIA analyst and nephew of James Mattis, Trump’s first defense secretary. During the 2016 Republican convention, Rogin broke the story of the Trump campaign “gutting” the GOP’s anti-Russia platform on Ukraine.Chaos Under Heaven moves quickly, is well-written and draws the reader in. Rogin makes clear that tension between Beijing and Washington will probably remain for the foreseeable future. China’s economy and military continue to grow, America’s social chasms remain on display. Under Xi, don’t expect the Middle Kingdom to back down.One of Rogin’s central points is that Trump correctly identified the threat and challenge posed by China yet proved incapable of formulating a coherent strategy and sticking with it. Much of the time, he conflated personal relationships with the national interest. As his approach to North Korea showed, not everyone was buying what he was selling. His effort to draw China into that quagmire was a bust. The art of the deal is way harder than Trump trumpeted.On the ground, the food fights of 2016 carried over to the White House. The West Wing was riven with factions. Wall Street transplants, military veterans and diehard Maga-ites exchanged verbal blows. The former reality show host zigged and zagged, blowing hot and cold as TV and his moods took him.During the 2016 transition, Trump accepted a congratulatory phone call from Tsai Ing-wen, president of Taiwan. Not surprisingly, China was angered – it regards the island as its own. Ambiguity toward Taiwan was central to US rapprochement with China in the 1970s. Trump walked his words back, invited Xi to Mar-a-Lago and treated him to the “most beautiful piece of chocolate cake that you’ve ever seen”.As for Trump’s take on Taiwan, he told a senator it was “like two feet from China” and the US was “8,000 miles away”. Trump chillingly added that if the Chinese were to invade, “there isn’t a fucking thing we can do about it”. So much for US policy.Trump’s inability to forge working alliances hampered US responses. Confronting China required playing well with others. Trump proved unable to set aside personal pique and drive a consensus forward. At times he caved on the technological threat China posed, for the sake of scoring an elusive trade deal.On the plus side of the ledger, the conduct of Beijing during the pandemic made governments realize “their dependence on China was a political vulnerability”. The UK reversed course and banned Huawei, the Chinese communications Goliath, from its networks.No book about Trump is complete without at least one salacious morsel. Chaos Under Heaven conveys that Trump came to believe an unfounded rumor that Gen HR McMaster, his second national security adviser, was conducting an extramarital affair. As expected, Trump could not keep the news to himself.At a crowded Oval Office staff meeting, the former president queried: “Have you heard who McMaster is fucking?” Ever the puritan, Trump warned: “He’s gonna get us all in trouble if he can’t keep his dick in his pants.” The Manhattan district attorney is still investigating all things Trump, including payments to Stormy Daniels and Karen McDougal.Rogin observes that Trump was “great at flipping over the chess board but he couldn’t set the board back up again”. That said, he had “shifted the conversation about China in a way that cannot be undone”. More

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      Biden officials visit US-Mexico border to monitor increase in crossings

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      The new US secretary of homeland security, Alejandro Mayorkas, led a visit by Biden administration officials to the border with Mexico on Saturday, amid a growing number of border crossings and criticism by Republicans that a crisis is brewing.Joe Biden has sought to reverse rigid immigration polices set up by his predecessor as president, Donald Trump, whose presidency was dominated by efforts to build a border wall and reduce the number of legal and illegal migrants.Biden has faced criticism from immigration activists who say unaccompanied children and families are being held too long in detention centers instead of being released while asylum applications are considered.The White House said last week Biden had asked senior members of his staff to travel to the border and report back about the influx of unaccompanied minors. It declined at the time to release details about the trip, citing security and privacy concerns.Mayorkas and officials including domestic policy adviser Susan Rice visited a border patrol facility and a refugee resettlement facility, the White House said on Sunday.“They discussed capacity needs given the number of unaccompanied children and families arriving at our border,” a statement said, “the complex challenges with rebuilding our gutted border infrastructure and immigration system, as well as improvements that must be made in order to restore safe and efficient procedures to process, shelter, and place unaccompanied children with family or sponsors.“Officials also discussed ways to ensure the fair and humane treatment of immigrants, the safety of the workforce, and the wellbeing of communities nearby in the face of a global pandemic.”An influx of people seeking to cross the border is likely to be a big issue in the 2022 midterm elections. Trump may use it to rally his base against Biden and lay the groundwork for a potential return as a presidential candidate in 2024 or as a way to boost a successor.“The border is breaking down as I speak,” Republican South Carolina senator Lindsey Graham, a close Trump ally, told Fox News on Sunday. “Immigration in 2022 will be a bigger issue than it was in 2016.” More

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      Biden makes friends with 'the west': Politics Weekly Extra

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      This week, guest host Rafael Behr puts some epoch-defining questions to the former US ambassador to Nato Nicholas Burns. How does the president convince the Europeans that America is reliable? How does Washington begin to engage with Vladimir Putin’s Russia? Does ‘the west’ exist any more?

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      A few weeks ago, Joe Biden gave his first major speech on foreign policy since taking office. In that address, the president declared that “America is back”. It wasn’t exactly clear where America had gone. If it’s back to stay, what exactly will be different? Rafael asks this and many other questions of Nicholas Burns, a professor of the practice of diplomacy and international relations at Harvard, who has worked with George HW Bush and Bill Clinton and was US ambassador to Nato, among other high-ranking positions. He also acted as foreign policy adviser to Biden’s 2020 presidential campaign. Send us your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to gu.com/supportpodcasts More

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      'Deeply alarming corruption': US bill would sanction Honduran president

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      A group of influential Democratic senators are introducing legislation which would sanction the president of Honduras – an alleged drug trafficker and key US ally – and cut off financial aid and ammunition sales to the country’s security forces which are implicated in widespread human rights abuses and criminal activities.The Honduras Human Rights and Anti-Corruption Act, co-sponsored by Senators Jeff Merkley, Bernie Sanders, Patrick Leahy, Ed Markey, Elizabeth Warren, Dick Durbin, Sheldon Whitehouse and Chris Van Hollen, would suspend certain US assistance to the Central American country until corruption and human rights violations are no longer systemic, and the perpetrators of these crimes start facing justice.Joe Biden has vowed to tackle the root causes of migration from Central America’s northern triangle – Honduras, Guatemala and El Salvador – the most violent region in the world outside an official war zone, which accounts for most migrants and refugees seeking safety and economic opportunities in the US.This bill makes clear that tackling migration from Honduras will be impossible if the US continues to prop up the president, Juan Orlando Hernández, and the security forces.It lays bare the violence and abuses perpetrated since the 2009 military-backed coup, as a result of widespread collusion between government officials, state and private security forces, organized crime and business leaders.It also catalogues the systematic use of force against civilians, a clampdown on the freedom of speech and protest, and targeted attacks such as arbitrary arrests, assassinations, forced disappearances and fabricated criminal charges against human rights and environmental defenders, political opponents and journalists.In the past year alone, at least 34,000 citizens have been detained for violating curfew and lockdown restrictions including nurse Kelya Martinez, who earlier this month was killed in police custody.“The United States cannot remain silent in the face of deeply alarming corruption and human rights abuses being committed at the highest levels of the Honduran government,” said Merkley, who serves on the Senate foreign relations committee. “A failure to hold President Hernández, national officials and the police and military accountable for these crimes will fuel widespread poverty and violence and force more families to flee their communities in search of safety.”This is the first time the Senate has proposed legislation which could genuinely threaten the post-coup regime, which has used drug money, stolen public funds and fraud to maintain its grip on power with few consequences from the international community.Hernández, who has been identified as a co-conspirator in three major drug trafficking and corruption cases brought by New York prosecutors, would be investigated under the Kingpin Act to determine whether he is a designated narcotics trafficker – a criminal status given to drug bosses like Joaquín “El Chapo” Guzmán.Hernández has repeatedly denied any links to drug trafficking including prior knowledge about his younger brother’s cocaine and arms deals for which he was convicted in New York last year.The bill also details Hernández’s role in the demise of the rule of law in the country: as a congressman, he supported the 2009 coup, and later created the militarized police force which is implicated in extrajudicial killings, oversaw a purge of the judiciary and pushed through unconstitutional reforms in order to stay in power and shield corrupt officials from prosecution.Hernández, who has so far enjoyed a close relationship with key military and political leaders, would have his US visa revoked and assets frozen as part of the proposed sanctions.The bill would also ban the export of munitions including teargas, pepper spray, rubber bullets, water cannons, handcuffs, stun guns, Tasers and semi-automatic firearms until the security forces manage 12 months without committing human rights violations. Financial assistance including equipment and training would also be suspended, though waivers in the national interest would remain possible. The US would also vote against multilateral development bank loans to the security forces.“This legislation is designed to send a clear message to Biden that it will be impossible to tackle the root causes of migration without getting rid of Hernández and withdrawing support from the security forces which have a long track record of corruption, organised crime and repression,” said Dana Frank, professor of history at the University of California and author of The Long Honduran Night: Resistance, Terror, and the United States in the Aftermath of the CoupIn order for the restrictions to be lifted, Honduran authorities would need to demonstrate that it had pursued all legal avenues to prosecute those who ordered, carried out and covered up high-profile crimes including the assassination of indigenous environmentalist Berta Cáceres, the killing of more than 100 campesinos in the Bajo Aguán, the extrajudicial killings of anti-election fraud protesters, and the forced disappearance of Afro-indigenous Garifuna land defenders. More

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      The US Senate Is a Global Problem

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      Watching the Senate conduct the second impeachment trial of former US President Donald Trump brought back a flood of memories from high school. I distinctly remember an earlier incarnation of those Trump-friendly Republican senators taking up their positions at the back of class to snicker, yawn ostentatiously and otherwise disrupt the serious, well-researched presentations of their fellow students. Then, when it was their turn to present, the back-row rowdies were so embarrassingly unprepared that it was hard not to laugh in return.

      The slavish devotion of the Senate miscreants to their imperiled leader and their casual dismissal of the January 6 violence, meanwhile, was like a modern-day replay of that grade-school classic “The Lord of the Flies.” In the Senate version, Trump played the part of the pig’s head, Josh Hawley was the pathological Jack, and Mitt Romney was the hopelessly conflicted Ralph who escaped the violence of the mob only thanks to the timely intervention of Officer Eugene Goodman, who stepped in at the last moment just like the British naval officer at the novel’s conclusion.

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      Finally, the acquittal of the former president was like the slap on the hand administered to one of my school’s handsome star athletes for one of his many transgressions. Boys will be boys, Trump will be Trump and, alas, Mitch McConnell will be perpetually “a dour, sullen, and unsmiling political hack.”

      The display of juvenile behavior during the Senate trial was nauseating, and the verdict was an embarrassment. But the Senate poses a much more serious problem than even this impeachment circus suggests.

      When it comes to global issues, the Senate has been an enormous impediment to achieving peace, justice and environmental sustainability. More so even than the US president, the Senate has been the chief engine of American exceptionalism. It’s grimly fitting, then, that it has struck out twice in its duty to convict the supreme avatar of exceptionalism in modern American politics, a president who believed himself above democracy, above morality and above the law.

      Senate Power

      Senators love to call their chamber the “world’s greatest deliberative body.” It’s where the most seasoned politicians, partially protected from the insane election cycle that their House counterparts must face, can mull over the most important issues of the days.

      It’s also a glaring example of the inequities of US democracy, with the two senators from Wyoming (population: 578,000) wielding the same power as the two senators from California (population: 39 million). Senate elections have tilted US politics in favor of rural, predominantly white and increasingly conservative voters by a factor of two or three over urban voters. Like the Electoral College, the Senate makes a mockery of the “one-person, one-vote” principle by effectively giving some voters much greater power than others.

      Embed from Getty Images

      But the Senate is a far bigger problem because of its oversized role in shaping U.S. foreign policy. Presidents have considerable leeway in conducting foreign policy, as the rollout of executive orders over the last years has made plain. Presidents can pull the country in and out of international bodies and multilateral agreements. They can slap tariffs on countries and sanctions on foreign individuals. Despite the limitations of the War Powers Act, they can still wage war for a full two months without any congressional interference.

      But the Constitution gives the Senate the sole power to approve, by a two-thirds majority, any treaties that the United States might be considering. As with the filibuster, however, this treaty power has as much influence in its threatened use as in its actual deployment.

      Consider the example of the 2015 Paris climate accord. The reason why all the national commitments to reduce carbon emissions are voluntary rather than mandatory is the US Senate. Secretary of State John Kerry, the US negotiator in Paris at the time, insisted on voluntary commitments because he knew that any mandatory requirements would need Senate approval. And the climate deniers in the Senate were sure to nix any such agreement.

      The Iran nuclear deal is, similarly, an agreement, not a treaty. This distinction allowed the Obama administration to secure congressional support short of the two-thirds majority required for a treaty. The Joint Comprehensive Plan of Action (JCPOA) — also known as the Iran deal — relies on various verification protocols to ensure compliance, not the signatures of the participating parties.

      These workarounds are more the rule than the exception. According to one academic study, US presidents negotiated nearly 4,000 executive agreements between 1977 and 1996 but only 300 treaties. Whether you consider these maneuvers to be an unacceptable short-circuiting of checks and balances or a reasonable method of overcoming the American exceptionalism of the Senate has largely depended on which side of the aisle you sit.

      The Graveyard of International Cooperation

      The Senate is where international treaties go to die. Currently awaiting the “advice and consent” of the body are 37 treaties, beginning with an International Labor Organization convention protecting the right to organize trade unions, which has been hanging out in the Senate for more than 70 years.

      Or consider the UN Convention on the Law of the Seas (UNCLOS), which has been ratified by 162 countries. The United States participated in the international conferences in the 1970s that produced this critical document that covers all aspects of maritime borders, navigation and commerce. US negotiators under three successive administrations — Richard Nixon, Gerald Ford and Jimmy Carter — were instrumental in crafting the language of the working text. After Ronald Reagan’s administration balked at some of the provisions, negotiators even amended the final version to reflect some of the US concerns. But the Reagan administration still wouldn’t sign the agreement.

      It would take the collapse of the Soviet Union, certain changes on the ground (actually, on the seabed) and a new administration (Bill Clinton) to bring UNCLOS to the Senate. The late and decidedly not great Jessie Helms said no for he held fast to his position that no foreign entity should impinge on US sovereignty. Lest you think this was a partisan issue, the George W. Bush administration subsequently pushed hard for the Senate to ratify the convention with the support of all living former legal advisers of the State Department. This time, despite the efforts of then-Senator Joe Biden, a different minority of hard-line Republicans, including Jeff Sessions, thwarted the bipartisan campaign.

      The United States generally abides by this important convention, so what’s the big deal? As a non-signatory, however, the US cannot participate in key commissions, such as the one on the limits of the continental shelf, where it could otherwise advance its interests or push a conservation agenda. If that irritates you, don’t send your letters of complaint to the United Nations. Send them to the Senate.

      The Senate has been a crowded graveyard for arms control initiatives. There you can find gravestones for the Comprehensive Test Ban Treaty (CTBT), various nuclear-weapon-free zones and the Arms Trade Treaty (which Trump dramatically unsigned in 2019). The CTBT has been signed by 185 countries, but it won’t go into effect until eight specific nations ratify it (including the United States). The Arms Trade Treaty has entered into force, so it is only dead to the US, which is problematic since America is the leading arms exporter in the world by a large margin. The resurrection of these treaties is, of course, possible, but only if the composition of the Senate were to change dramatically.

      The Senate also stands in the way of the United States participating in the strengthening of international law and the prosecuting of war criminals — by blocking ratification of the Rome Statute of the International Criminal Court. The Senate stands in the way of preserving what remains of the world’s precious biodiversity — by blocking ratification of the Convention on Biological Diversity. The Senate stands in the way of upholding the human rights of large swathes of the global population — by blocking treaties on disability rights, on the elimination of all forms of discrimination against women and on a variety of labor rights.

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      The Senate is also not above exercising its power on seemingly trivial matters. It has refused, for instance, to support a treaty that protects albatrosses and petrels. Jeez, hasn’t anyone in the Senate read “The Rime of the Ancient Mariner”?

      Of course, the Senate has displayed its remarkable intransigence in ways that go well beyond its advice-and-consent function on treaties. During the previous administration, among the 250 bills that the House passed and that McConnell blocked in the Senate were several immigration bills (the Dream Act, a measure to protect Venezuelans from deportation), several environmental bills (blocking drilling in the Arctic National Refuge, banning offshore drilling in the Eastern Gulf of Mexico), and a measure to provide visas to Kurds who supported US forces in Syria.

      Reform the Senate?

      Those who hope to reform the Senate have focused on changes to the rules. With the exception of certain bills, the threat of filibuster has made the Senate even less reflective of popular will by turning a simple majority into a 60-vote wall into which the Democrats are likely to crash into repeatedly over the next two to four years.

      “Dear centrist Democrats, you couldn’t even get 10 GOP votes to convict the guy who sent a mob to kill you all. You think you can get them to vote on issues like immigration/climate? Come on,” immigrant rights activist Erika Andiola has tweeted. “You have to end the filibuster and use every tool at your disposal to get things done.”

      It’s a good point, but why not think big? What about eliminating the Senate altogether? Roughly half of the world’s sovereign nations have only one legislative body. Plenty of these unicameral systems are democratic, including Costa Rica, Denmark, Greece, South Korea, New Zealand and Norway.

      Yes, I know, the smaller US states would put up even more resistance to the elimination of the Senate than they have to the proposed elimination of the Electoral College. Such an upending of the finely balanced compromises of the Founding Fathers would generate yowls of protest from constitutional literalists. Who could ever contemplate such a radical amendment?

      Victor Berger, that’s who. In 1911, the Wisconsin congressman introduced a resolution in the House to abolish the Senate. Berger was also the first socialist elected to Congress, so he was accustomed to taking contrarian positions. His proposed amendment to the Constitution began thus:

      “Whereas the Senate in particular has become an obstructive and useless body, a menace to the liberties of the people, and an obstacle to social growth; a body, many of the Members of which are representatives neither of a State nor of its people, but solely of certain predatory combinations, and a body which, by reason of the corruption often attending the election of its Members, has furnished the gravest public scandals in the history of the nation…”

      Those public scandals have continued all the way up to last weekend’s acquittal of a rogue president. Oh, Victor Berger, who will take up your mantle today?

      *[This article was originally published by FPIF.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More