Kyoto II, the Obama Administration and the Constitution

I have one item of suggested reading before passing judgment on the occasionally strident internet-sensation that is the commentary by Lord Monckton on the draft negotiating text for an anticipated U.S. signature in December — certain to be delayed, to July — on a successor to the Kyoto Protocol (discussed with Monckton on BreitbartTV here). That instrument is of course the “global treaty” assigning economically damaging responsibilities to 35 industrialized countries (the titans Iceland, Luxembourg, Slovenia, Slovakia…) but not 155 others (such as tiny China, India, Mexico, South Korea, Brazil, Indonesia…) .

The reason I suggest this is because one of the more hot-button items Monckton raises, the Kyotophile desire to get around at least half of the allegedly out-dated concept of Article II “advice and consent”, has, despite certain parties insisting that Monckton’s commentary offers nothing of interest…move along now…for more than a year been telegraphed by Obamaphile activists. It was even alluded to in a paper by someone who now carries the title of our nation’s “Climate Envoy” (really). And now the Obama administration is reported to have briefed European diplomats to be ready to accommodate certain delays and procedures that this would require.

First, allow me to note one particular, relevant specific on which I differ with Lord Monckton’s assessment. That is the notion that the administration would just adopt Kyoto through domestic legislation. He may just be short-handing it here, which if so, I understand, but it is important to get the specifics on the record. It is of course the point of the Waxman-Markey and Kerry-Boxer cap-and-trade bills to adopt Kyoto’s principal obligation of carbon dioxide emission reduction, though these bills’ only international components are direct and indirect wealth transfers of a few billion dollars a year to other countries. There are no substantive sovereignty implications, outside of certain energy security concerns.

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