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A well-known Libertarian has crafted a potential solution that President Donald Trump could use now to stop a possible future President Joe Biden from re-entering the United States into the flawed Paris climate accords.
As it stands, Biden is intent on re-entering America into the accords the minute if and when he takes office — and that’s not good news for the American economy, particularly the energy industry.
“Biden’s decision to rejoin the agreement would mean severe damage to the American economy. When Obama first joined Paris, he committed the U.S. to cut emissions 26 to 28 percent by 2025 as part of this accord,” Fox News host Laura Ingraham noted last month.
“But Biden’s has promised to impose even more economically crippling climate policies. Meanwhile, China would continue to get sweetheart exemptions. In fact, the CCP spent the four years since it joined the accord building more than 300 coal plants around the world.”
Laura Ingraham hits Biden over ‘America last’ agenda and ‘selling out American workers’ https://t.co/HSBM3Lkx2q
— Conservative News (@BIZPACReview) November 11, 2020
So what is one to do? According to Myron Ebell, the director of the Center for Energy and Environment at the Competitive Enterprise Institute, the answer is for President Donald Trump to recognize the Paris climate accords as a real treaty.
Wait, what … ?
Though counter-intuitive, there’s reason behind the madness.
“We are encouraging him to review the agreement and recognize that it is in fact a treaty and transmit it before January 20 to the Senate for its advice. If that happens, the treaty will be in limbo until such time as the Senate decides to vote on it,” he explained during a conference call Thursday, as reported by Fox News.
Meaning in effect that the Paris climate accords would remain “in limbo” in perpetuity, so long as Republicans retain control of the Senate.
“The Senate would need a two-thirds majority to ratify the treaty, something that is unlikely due to the makeup of Congress’ upper chamber. Republicans currently hold a 50-48 edge over Democrats with two runoffs in Georgia set for Jan. 5,” Fox notes.
Republicans will retain the Senate so long as incumbent Sens. David Perdue and Kelly Loeffler win reelection, and so far the polling data looks somewhat promising:

And if Republicans do retain the Senate, Senate Majority Leader Mitch McConnell can then simply refuse to bring the accords up for a vote in perpetuity.
Problem solved …
This trick is possible because of both the U.S. Constitution’s provisions concerning treaties and the way in which the accords were formed.
“The Constitution provides that the president ‘shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur’ (Article II, section 2),” the Senate itself notes.
“The Constitution’s framers gave the Senate a share of the treaty power in order to give the president the benefit of the Senate’s advice and counsel, check presidential power, and safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process.”
As for the treaty, it was established informally as a voluntary “executive agreement,” according to CNBC, meaning right now Biden could easily join it by simply sending “a letter to the United Nations stating the intention to rejoin.”
But if the president were to formally recognize the accords as an official treaty, it would prevent Biden from officially rejoining the treaty.
The bad news is that, since the accords were voluntary to begin with, he could still theoretically implement all of the same measures that former President Barack Hussein Obama had begun pursuing even before he formally agreed to the accords in 2016.
“The US’s plan, which the Obama administration submitted in March 2015, set the goal of reducing greenhouse gas emissions by 26% to 28% by 2025,” Business Insider reported in early 2017.
Obama moved on the plan by enacting carbon-cutting measures that cut into America’s domestic energy industry and hit the coal industry particularly hard.
He’d been talking about going after the coal industry for years:
Biden meanwhile has vowed to eliminate fossil fuel energy by 2035 — a move that would devastate the economy, according to economist Stephen Moore.
“[G]etting down to zero [fossil fuel consumption] is going to be a gut-wrenching experience for blue-collar workers. There are a lot of them. The oil, gas and coal industry accounts for somewhere between 5 and 10 million jobs, depending on how you count them,” Moore noted in an op-ed before the 2020 election.
“These are almost all high-paying blue-collar jobs — the kind that Biden laughingly says he wants to bring back home to America.”
Does Biden really care about jobs, though? He himself admitted last year that he’s willing to effectively disenfranchise hundreds of thousands of blue-collar workers if it means making the economy more so-called “green.”
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