Yes, the Iran deal is.
But it’s not like it’s his first impeachable offense. The Founders would be aghast at a Congess that has let a president get away with so much. But it happened because the separation of powers becaame severely weakened with the development of political parties (that most of them hoped would never happen), in which loyalties to one’s own party, even in another branch of government, has superseded loyalties to the institution of Congress and its Constitutional prerogatives. Plus, while electing Barack Obama was clearly an act of color blindness, impeaching and removing him over his repeated abuse of his power would obviously be racist (do I need a sarcasm tag on that one?).
Ultimately, of course, as we saw with Bill Clinton, what constitutes a “High Crime And Misdemeanor,” even when it involves multiple federal felonies and flouting of one’s oath of office, is a political judgment. So we’re stuck with him for another year and a half.
[Monday-morning update]
“The Lawless Underpinnings of the Iran Nuclear Deal”:
Rivkin and Casey are right about the Constitution’s treaty power being circumvented, with the unfortunate blessing of a cowardly Congress. They’re also right that the Administration’s decision to obtain a speedy U.N. Security Council resolution prior to the Corker-Cardin congressional vote is a blatant and reckless end-run around U.S. sovereignty, bypassing our national legislature in favor of a multi-lateral, extra-sovereign body. Any future President wishing to unravel the Iranian nuclear deal–which Secretary of State has assured us repeatedly is “not legally binding“– will now be branded by the U.N. as an international “law breaker,” a point I made back in April.
I hope States do, indeed, continue to refuse to do business with companies doing business with Iran. The financial impact probably won’t be enough to trigger an Iranian accusation that the Obama Administration isn’t enforcing the deal, however, and consequently the Administration is unlikely to march into court claiming that the Supremacy Clause trumps States’ actions. So I doubt States’ doing this will “prompt the [nuclear] deal to unravel.” Nonetheless, this is one interesting and creative way that States can constitutionally push back.
The States need to start reasserting their rights in general, and restore the 10th Amendment and federalism from a federal government run amok (with the aid of both Democrats and Republicans, for decades).