“Governor Andrew Cuomo of New York, Governor Jerry Brown of California, and Governor Jay Inslee of Washington announced the formation of the United States Climate Alliance after the announcement [by Trump to withdraw from the Paris Agreement], stating that they would convene states committed to upholding the Paris Agreement…”
The question, “what is Gerry Brown smoking?” has been around for decades. He now says that California, New York, Washington state and others will join together to override the President of the US, and join the Paris Climate Agreement independent of the decision of the United States government. That, folks, is not legal. Under the US Constitution, the power of treaties lies exclusively with the President of the United States; under it, the Senate can ratify a treaty or not, but not make its own treaties. And, emphatically, states have no power or competency to enter into treaties. In addition, in 1799, a decade after the ratification of the Constitution, there was 18 U.S. Code, Section 953, popularly known at the Logan Act, which reads:
“Private correspondence with foreign governments
“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”
The Logan Act still has the force of law, despite the fact that there has never been a successful criminal prosecution under it. The intent of the act was always to prevent private parties from trying to undercut the policy of the federal government. And there have been repeated positive citations of the act in decisions by US Federal courts in both civil and criminal cases.
Some Democrats and MSM pundits were screaming, “Logan Act” violations about former National Security advisor Michael Flynn, and other presidential advisors after Trump won the November 2016 election. Haven’t heard these pundits mention that in context of Gov. Brown, who said today, “I believe the rest of the world will mobilize, will galvanize our efforts." Will other nations really make an agreement with California and its free associating alliance? Some argue that the Paris Climate Agreement is not a treaty, so the Constitution doesn’t apply. Really?
Governor Jay Inslee of Washington announced the formation of the United States Climate Alliance after the announcement [by Trump to withdraw from the Paris Agreement], stating that they would convene states committed to upholding the Paris Agreement…" Decameron