Madam President, European capitals have grown far too accustomed to U.S.-subsidized security for way too long. It is an imbalance that has allowed Europe to enjoy constant protection without bearing…
Madam President, European capitals have grown far too accustomed to U.S.-subsidized security for way too long. It is an imbalance that has allowed Europe to enjoy constant protection without bearing the risks or the costs.
Today, as Washington hosts the annual NATO summit, we find ourselves at a crossroads. NATO, now turning 75, is an alliance with major issues. Despite the rhetoric from President Biden and his handlers, the simple truth is that we cannot afford to consider admitting Ukraine, nor should the United States be making overtures about future membership.
As NATO gathers on our soil, the United States needs to be forthright with our allies that the United States cannot sustain the massive levels of support for Ukraine, and any discussion of Ukraine's membership cannot be on the table.
We have challenges right on our front door that need our immediate attention: the crisis at our southern border and the credible military threat from China in our hemisphere and the Pacific. Those two things combined are things we have to address, urgently so.
The situation at hand demands that we prioritize our own borders and our own deterrence efforts in higher priority theaters. We simply do not have the luxury of infinite military resources, capabilities, or personnel, and we do no favors to our European allies by minimizing the painful reality that the United States must prioritize our own security needs. We need to be honest with our allies about the truth.
The European security environment has drastically changed since the 2-percent defense spending pledge was made a decade ago at the 2014 Wales NATO summit. Our alliance's refusal to commit to raising this baseline to 3 percent or above, which is necessary to meet today's strategic demands, places a disproportionate burden on the American people. Our military and diplomatic leadership have admitted that 2 percent is insufficient; however, commitments to increasing defense spending have not been made at this year's summit.
While European domestic budgets focus on massively funding free healthcare, shortened workweeks, social welfare programs, climate alarmism, and woke DEI activities, the United States still far exceeds the wealthiest European NATO allies in military contributions to Ukraine, as this graph demonstrates.
While Americans are pinching pennies, we are sending our tax dollars to fight in a faraway war. The burden must shift to Brussels, Berlin, Paris, and London. Instead of confronting reality, however, the Biden administration recently inked a 10-year security agreement with Ukraine, promising that ``Ukraine's future is in NATO'' and asserts that there are no limits to U.S. aid.
This is pure fantasy. To start, Ukraine does not meet NATO's membership standards--not even close, not by a mile. Our defense industrial base and dwindling stockpiles demonstrate that there are practical limits to what the United States can reasonably do for Ukraine.
The agreement also leaves open the possibility that U.S. forces will be used to ``confront any future aggression against the territorial integrity'' of Ukraine, once again sidestepping Congress and the American people to put us on a path to a direct shooting war with a nuclear-armed adversary. This is armchair brinkmanship by politicians whose children won't be the ones dying. The supposed purpose of NATO is to protect its members and prevent war, not bring us closer to it.
Despite these obvious flaws, the Biden administration sought to make it deliberately difficult to terminate this proposed 10-year agreement.
My resolution condemns this 10-year bilateral security agreement with Ukraine. It affirms that the agreement has no force of law without Senate ratification and rejects it as a bridge to Ukraine's NATO membership.
The Biden administration cannot be allowed to skirt the Constitution, to relegate Congress to the periphery, or to tie the hands of future administrations to entertain the fantasies of
Ukraine joining NATO. We must prioritize our national interests and uphold the principles and protections of our Constitution.
It is time for Congress to remind the alliance and the Biden administration that we hold the power to make treaties, to extend NATO membership, and that overtures made to Ukraine and our European allies are not ``irreversible.''
Ukraine's membership is not set in stone. If Ukraine is in, the United States should be out.
Madam President, I ask unanimous consent that the Committee on Foreign relations be discharged from further consideration and that the Senate now proceed to S. Res. 748. I further ask that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table.
Mr. President, I appreciate the insights offered by my friend and colleague, the distinguished Senator from the State of Maryland. I am grateful for his leadership in the Senate, for his friendship and all he does in looking out for the interests of our country, and I am grateful to have his insights today on the floor in explaining the reasons for his objection to the resolution that I have offered.
I would like to note that not one of these arguments negates the fundamental realities that we are dealing with here. Not one of them negates something very fundamental in all of this, which is the requirement in the Constitution, found in article II, section 2 of the Constitution, that says that the President ``shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided [that] two-thirds of the Senators present concur.'' That is a pretty significant requirement. So let's address each of these arguments that we have heard in the last few minutes in turn.
We have heard arguments about the fact that there has been significant bipartisan support for Ukraine aid. That doesn't negate this. I mean, first of all, providing material support--humanitarian or otherwise--to Ukraine is not the same as a treaty. A treaty creates a lasting international obligation, one that is intended specifically to outlast, as my friend from Maryland noted is the objective here, that is supposed to transcend one administration to the next, so it is not just a fleeting moment; it is an ongoing sovereign obligation.
For that very reason, article II, section 2 of the Constitution requires that the Senate ratify treaties before they may take effect. The President may
propose them. The President may negotiate them and even sign them, but unless or until a treaty is presented to the Senate and ratified in executive session by the Senate with a two-thirds supermajority vote-- it takes 67 votes with 100 Senators--then you don't have a treaty, and you don't have that lasting, sovereign, international obligation--one that transcends one administration to another.
As far as the argument that there has been transparency and that there has been outreach by the White House to Senators and communication, that is great. It is the sort of thing that ought to happen. It is in no way sufficient to provide a substitute for or an end-run around article II, section 2 of the Constitution--requiring that treaties be presented to the Senate and ratified only with 67 votes in a 100 Member Chamber. So that doesn't do it. That can't take care of that here.
Look, the point here is that there is nothing in what I am suggesting that would necessarily close any doors in the future. What I am trying to say here is that, if we are going to do this--if we are going to close doors, as is the intention behind this agreement--close doors to future administrations and to future Congresses to bind us to some kind of a lasting obligation as a sovereign nation to one or more other sovereign nations internationally--then we have got to follow the treaty process because that is what the Constitution requires.
As to the idea that Ukraine is the frontline--the frontline of defending democracy as, I think, was one of the arguments raised here-- our own obligation to protect our own sovereign borders and our own people, while at the same time containing and deterring other potential threats to the United States, such as those presented by China, have to come first. Those are the frontlines of our Republic--our own border, our own national defense, our own national security, the safety, the freedom, the security of our own people. That is the frontline that we are supposed to be focused on. That is literally our frontline, and insofar as that is incompatible with our efforts on another continent, those things have to be taken into account.
But there again, this is exactly the sort of thing that the Senate is supposed to consider not just in the abstract but in the context of a lasting, sovereign, international obligation in the context of treaty ratification proceedings, and that takes a two-thirds supermajority vote.
Executive agreements do not and constitutionally should not and cannot supersede laws passed by Congress. There is nothing in the Constitution that says that a lasting, sovereign, international obligation taken on by an Executive agreement made by the President of the United States alone, whether with or without consultation to one or more Members of Congress--there is nothing in there that says that that satisfies the constitutional obligation.
Now, if the wording of article II, section 2 or any other provision of the Constitution reads otherwise, then we would be in a different circumstance, but alas, we are not in that universe. Quite fortunately, we are not. It is with good reason that the Founders put in there the two-thirds supermajority requirement, and we can't allow that simply to be bypassed here, not for light or casual purposes, not even for great purposes.
No matter how great our purposes are, no matter how noble one's intentions might be in the administration, in the Senate, or otherwise, one can't get around this simple fact that what we are talking about here is, for all practical purposes, a treaty, and we are being asked to treat it as such. That requires two-thirds. We don't have that here.
So no matter how much bipartisan support, no matter how much flowery rhetoric, no matter how much good that can be done, no matter how evil Vladimir Putin is, that still doesn't change our constitutional realities. We have each been sworn into office under circumstances where, pursuant to another provision of the Constitution, we are required to take an oath to the Constitution itself. Our oath requires nothing less than that we honor this and that we not pretend that we can just circumvent all of this simply by calling something an Executive agreement--no matter how justified by the circumstances we may want it to be.
Look, at the end of the day, we have to come to grapple with the fact that we are $35 trillion in debt and that we face threats around the world, including and especially from China--China, which is gaining, increasingly, a foothold in our own hemisphere and in country after country throughout Latin America. China is gaining a physical presence, in addition to a more and more robust commercial arrangement, in addition to China's investment in so-called dual-use technologies, which in many circumstances have military purposes behind them. It is one of many policy reasons why we have got to be focused on China.
Insofar as we deplete our own resources in continuing to honor an obligation to another country in another hemisphere, we have got to take those things into account. It is one of many things that we have got to consider before taking on a treaty obligation. Make no mistake, this is a treaty obligation.
Abraham Lincoln is quoted as having asked the question rhetorically: If you count the tail of a dog as a leg, how many legs does the dog have?
People would, apparently, routinely--the uninitiated at least-- respond by saying: Well, five legs.
And he would say: No. It is still four legs. Just because you call the tail of a dog a leg, it doesn't make it so.
Just because you call an Executive agreement a treaty and ask people to treat it as if it were a treaty doesn't make it so.
I yield the floor.