"He
shall have Power, by and with the Advice and Consent of the Senate, to
make Treaties, provided two thirds of the Senators present concur;" US Constitution Art 2, Sec. 2, Clause 2
"The Congress shall have power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" US Constitution Art. 1, Sec. 8, Clause 3
If
it isn't a treaty, The US President doesn't have the power (it is Congress')
and if it is a treaty, he has to get the advice and the consent of 2/3 of the
senate. The President, including the Secretary of State, is outside his US Constitutional powers.
The Constitution is simple and clear. Do we have anyone in the US Senate, who would have standing, with the guts to take this to the SCOTUS?