S-0842.1
SENATE JOINT MEMORIAL 8001
State of Washington
64th Legislature
2015 Regular Session
By Senators Chase, Hasegawa, Conway, and McCoy
TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE SECRETARY OF THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES ATTORNEY GENERAL, AND THE SECRETARY OF THE UNITED STATES DEPARTMENT OF COMMERCE:
We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
WHEREAS, The Founders intended for Congress to set policy for our international trade agreements; and
WHEREAS, That Congressional approval of Fast Track trade promotion legislation would effectively delegate congressional prerogatives to the United States Trade Representative and the President of the United States; and
WHEREAS, That Congressional approval of Fast Track trade promotion legislation would sharply limit Congress' role in trade policy by forcing the Trans Pacific Partnership trade agreement through on a quick up or down vote, with no amendments; and
WHEREAS, Congressional approval of Fast Track trade promotion authority would grant the President of the United States the power to sign the Trans Pacific Partnership trade agreement before Congress has an opportunity to vote on it; and
WHEREAS, The investment chapter of the Trans Pacific Partnership trade agreement would allow foreign companies to sue the United States for money damages of unlimited size in compensation for compliance with legislation, administrative rules, or court decisions of the State of Washington; and
WHEREAS, That the adoption by the State of Washington of a nondiscriminatory law or administrative rule to serve a public purpose would constitute a violation of the Trans Pacific Partnership investment chapter if the change in the legal environment thwarts the foreign investors' previous expectations of profit; and
WHEREAS, The Trans Pacific Partnership investment chapter provides greater substantive and procedural rights to foreign companies than United States companies enjoy under the United States Constitution; and
WHEREAS, The National Conference of State Legislatures has resolved not to support any international trade and investment agreement or trade promotion authority legislation that includes such an investment chapter or otherwise violates fundamental principles of federalism;
NOW, THEREFORE, Your Memorialists respectfully pray that Congress oppose: Any trade promotion legislation that would facilitate approval of the Trans Pacific Partnership trade agreement; any future trade agreement that includes provisions for investor-state dispute resolution or that otherwise violates principles of federalism; and any future trade promotion legislation that violates the original intent of the Founders regarding the separation of powers and the authority of Congress to set international trade policy.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Barack Obama, President of the United States, the Secretary of the United States Department of State, the United States Attorney General, the Secretary of the United States Department of Commerce, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.
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