Hmac wrote:No, I just don't see it. That's not "export" that's "smuggling". It's already illegal. The ATT doesn't give Obama any additional power to suborn constitutional rights to control smuggling.
Besides, it's unlikely that the ATT will even be ratified while Obama is in office.
Not that I think it would make a difference, but it wouldn't be Obama's decision. It would be either the world court or UN who decides if it was "smuggling" or "exporting".
I agree that it won't be ratified by the current Senate. However Harry Reid probably won't bring it up for a vote and have it die. It will fester in legal limbo until a new President renounces it, a new Senate rejects it or worse case, a new Senate ratifies it.