Goldsmith/Lessig call #ACTA process unconstitutional

In an Op-Ed in the Mar 26 Washington Post, Jack Goldsmith and Lawrence Lessig take the Obama administration to task over its participation in the ACTA process. Noting Obama’s pre-election promises of increased transparency, they also note that – contrary to assertions – ACTA as currently drafted will indeed alter US Law. As such, any “sole executive agreement’ by Obama to the treaty will be in breach of the constitution. The article notes.

When the George W. Bush administration suggested it might reach a deal with Russia on nuclear arms reduction by sole executive agreement, then-Sen. Joe Biden wrote to Secretary of State Colin Powell insisting that the Constitution required Senate consent and implicitly threatening inter-branch retaliation if it was not given. The Bush administration complied.