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The Paris climate agreement was specifically worded to use non-binding language for much of its contents, including the actual emissions level that the nations are meant to cut.<ref>https://www.climatecouncil.org.au/your-top-5-questions-about-the-paris-climate-agreement-answered</ref> The use of non-binding language was likely intended to allow the agreement to 'count' as an [[executive agreement]] rather than a treaty, as the Constitution stipulates that ratification of a treaty requires the supermajority consent of the Senate.
 
The Paris climate agreement was specifically worded to use non-binding language for much of its contents, including the actual emissions level that the nations are meant to cut.<ref>https://www.climatecouncil.org.au/your-top-5-questions-about-the-paris-climate-agreement-answered</ref> The use of non-binding language was likely intended to allow the agreement to 'count' as an [[executive agreement]] rather than a treaty, as the Constitution stipulates that ratification of a treaty requires the supermajority consent of the Senate.
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However, binding executive agreements are only allowed within the President's authority. The Paris Agreement does not entirely fall into the President's authority, so its binding articles are problematic. As a result, some analysts and commentators have argued that the binding articles of the Paris Agreement (such as its 4-year exit period) make it a treaty that cannot be ratified without the consent of the Senate, which would make the agreement unratified and Obama's executive order unconstitutional.<ref name="heritage.org">https://www.heritage.org/environment/report/the-paris-agreement-treaty-and-should-be-submitted-the-senate</ref><ref>https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/06/01/the-u-s-cant-quit-the-paris-climate-agreement-because-it-never-actually-joined/</ref>
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However, binding executive agreements are only allowed within the President's authority. The Paris Agreement does not entirely fall into the President's authority, so its binding articles are problematic. As a result, some analysts and commentators have argued that the binding articles of the Paris Agreement (such as its 4-year exit period) make it a treaty that cannot be ratified without the consent of the Senate, which would make the agreement unratified and Obama's executive order unconstitutional.<ref name="heritage.org">https://www.heritage.org/environment/report/the-paris-agreement-treaty-and-should-be-submitted-the-senate</ref><ref>https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/06/01/the-u-s-cant-quit-the-paris-climate-agreement-because-it-never-actually-joined/</ref><ref>Delingpole, James (November 6, 2019). [https://www.breitbart.com/politics/2019/11/06/lawsuit-obama-took-u-s-into-paris-climate-accord-illegally/ Delingpole: Obama Dragged U.S. into Paris Climate Accord Illegally, Claims Lawsuit]. ''Breitbart News''. Retrieved November 6, 2019.</ref>
    
==U.S. withdrawal==
 
==U.S. withdrawal==
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