Photo Credit: YouTube screen capture
Senator Bob Corker (R-TN), co-sponsor of the Iran Nuclear Agreement Review Act.

This week the U.S. Senate will meet to discuss what input Congress will have before sanctions imposed on Iran for violating a slew of U.N. Resolutions regarding its nuclear program can be lifted.

The offerings of amendments by various senators – whether for wholly ideological reasons, for presidential campaign purposes, or a combination and perhaps other factors – may result in a nuclear explosion of a whole other sort than the one the entire process was created to circumvent, and this one entirely within Washington, D.C.

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The legislation formally known as the Iran Nuclear Agreement Review Act, and informally as the Corker or the Corker-Menendez bill, was unanimously approved and voted out of the Senate Foreign Relations Committee earlier this month.

The INARA which came out of committee imposed a change on the nuclear negotiations with Iran. Until then, Congress played no role.

With the passage of Corker’s bill in its current form, Congressional sanctions against Iran could not be lifted even following a signed agreement with Iran, for 30 days, while Congress reviews the Agreement.

Congress could vote against lifting sanctions if it votes down the final deal, although this would require the vote of a significantly higher number of Senators than most think is likely, and led some critics to say the final version was actually helpful to the administration, despite their feigned annoyance.

The bill in its current state would also require this administration and all future ones to certify that Iran was following the terms of the agreement.

Corker, with the assistance of Maryland’s Senator Ben Cardin (D), successfully maneuvered the bill out of the SFRC without any of the threatened amendments which they claimed would kill the deal, and leave Congress with no voice at all.

But, as Corker himself admitted, anything can happen in the “Wild West” of the full Senate floor.

And it looks like quite a few gunslingers are loading up their barrels with various amendments, any one of which may force a serious showdown between the administration and the Senate, between the Democrats and the Republicans in the Senate, and even, perhaps, amongst the Republicans themselves.

Florida’s presidential contender Marco Rubio (R) is busily showing the gathering crowd what ammunition he plans to unload, and he has quite an array in his arsenal. Each of these amendments, if passed, would constitute a condition Iran would have to meet in order for the U.S. to lift the current Congressional sanctions on Iran.

Rubio wants to require Iran to recognize the state of Israel. He also wants Iran to release American prisoners being held, such as Washington Post reporter Jason Rezaian.

Sen. John Barrasso (R-WY) wants the administration to certify that Iran is not supporting terrorism targeting Americans at home or abroad.

Senators Ted Cruz (R-TX) and Pat Toomey (R-PA) want a provision which would require Congressional approval of the deal, rather than simply the right to defeat it.

Sen. Ron Johnson (R-WI) has said he will introduce an amendment that will require the administration to treat this deal with Iran as a treaty and not simply an executive agreement. The difference, of course, being that Congress plays a full partnership role with respect to a treaty, and almost no rule in an executive agreement.

Sen. Tom Cotton (R-ARK), prime mover behind the Congressional Republican’s open letter to Rouhani, which supporters of the administration claimed was treasonous, said he agrees with Johnson. “A major arms control treaty with the world’s leading state sponsor of terrorism should be treated as a treaty,” Cotton said.

“The president should have to get 67 votes for a major nuclear arms agreement with an outlaw regime,” said Cotton. He wants to lower the number of votes needed to reject a deal from 60 to 51.

All those packing amendments are Republicans. “I have not heard of a single amendment on the Democratic side,” said Foreign Relations ranking member Ben Cardin (D-Md.), who worked closely with Corker to keep the SFRC members in line during the vote in that committee.

One option being discussed which would appease the opponents of the current bill, and still avoid incorporating language that may prove insurmountable for the Iranians, is to allow the inclusion of a “sense of the Senate” provision. This means the concerns would be raised in the narrative portion of the bill, but those points do not become an enforceable part of the legislation.

Debate in the Senate will begin on Tuesday, April 28. Once the bill is voted out of the Senate, it then has to be taken up in the House of Representatives.

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Lori Lowenthal Marcus is a contributor to the JewishPress.com. A graduate of Harvard Law School, she previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: [email protected]