George Logan was a political ally of Thomas Jefferson who made a secret diplomatic trip to France in 1798. He might have helped avert a war, but he drew the wrath of Federalists and President John Adams for interfering in foreign affairs.
The result was the Logan Act, which makes it a crime for an unauthorized citizen to carry out “correspondence or intercourse with any foreign government” with the intent of influencing its conduct in relation to any dispute with the United States.
The law, still on the books, has rarely been applied or even threatened. But its purpose — to establish who is authorized to negotiate with the nations of the world on behalf of our government — came to mind after 47 Republican senators wrote a letter to Iran warning that any agreement it negotiates with the United States likely won’t be ratified or enforced for long.
Sens. Richard Burr and Thom Tillis, unfortunately, were two of the 47 who signed the letter.
The Constitution gives the Senate the power of “advice and consent” in regard to treaties. There’s a role for senators in the conduct of foreign policy, which is why the Senate has a Foreign Relations Committee. Its chairman, Sen. Bob Corker (R-Tenn.), wisely didn’t sign the letter.
The Senate’s legitimate role doesn’t include undermining negotiations with other countries. This is exactly what the Burr-Tillis letter does.
Tillis has touted his support for a bill that requires President Barack Obama to submit to the Senate any deal reached with Iran within five days and applies stricter economic sanctions on Iran if no agreement is reached by June 30. That does not overstep the Senate’s authority.
This letter goes way out of bounds. The Senate’s job is to review a proposed agreement after it is made, not to pre-empt a deal.
Republicans in Congress have made it clear that, when it comes to dealing with Iran, they trust Israeli Prime Minister Benjamin Netanyahu, not Obama. Netanyahu’s concerns about Iran are worth considering. They stem from the Islamic republic’s hostility toward Israel and the threat it would pose if it acquired nuclear weapons. The Obama administration should not make a deal that allows Iran to develop nuclear arms. It has said it won’t let that happen. But military action should be the last option. Netanyahu’s belligerent address to Congress last week gave the impression that Israel is prepared to take that step sooner rather than later. Republicans cheered, but the American people may not be so eager for their country to enter a war with Iran.
Responding to the speech, Burr said, “Over the last six years, I have watched this administration’s foreign policy failures in the Middle East pile up and erode our relationship with Israel.”
There was a mountain of failures before Obama. Yet, U.S. military support for Israel has increased during his administration. Intelligence cooperation is high. The relationship is good.
There is disagreement about an Iran deal, but a “foreign policy failure” is exactly what 47 senators are trying to achieve — even before there is a deal.
