Obamatrade is unconstitutional in several ways.
First, it would establish a system of foreign tribunals higher in authority than even the U.S. Supreme Court that could overrule federal court rulings.Obamatrade
would shift decisions over the payment of U.S. tax dollars away from Congress and outside of the Constitutionally-established Article III federal court system (or even U.S. state system) to the authority of international tribunals. These UN and World Bank tribunals do not apply U.S. law, but rather international law set in the agreement. That is unconstitutional.
Congress will be asked to give Obama unconstitutional “fast track” powers so he can enact Obamatrade. Article 1 Section 8 of the U.S. Constitution gives Congress the sole power to regulate commerce with foreign nations.
In a legislative move known as fast track, or Trade Promotion Authority, Congress will be asked to surrender its Constitutional power to Obama so he can negotiate Obamatrade, sign it and enter the U.S. into it before Congress votes on it. Obama will then tell Congress how long it has to review it, and tell Congress to pass it in an up-or-down vote without any amendments or revisions. This is an unconstitutional power grab by Obama.
Because Obamatrade places the U.S. under the constraints of an international authority higher than the Supreme Court and the Constitution, it is properly considered a treaty. As such, it should be submitted for the advice and consent of the U.S. Senate requiring a 2/3 majority for approval.
However, the Obama administration will bring Obamatrade before Congress as normal legislation, not as the treaty it actually is, and it can be approved with a simple 51-vote majority. This violates the Constitution and the advise-and-consent prerogatives of the Senate.