Summary

H.Con.Res. 122: Expressing the sense of Congress that the United States should resume normal diplomatic relations with Taiwan, and for other purposes. Read More

Status

This resolution was introduced on May 7, 2012, in a previous session of Congress, but was not passed.

Bill Text

CONCURRENT RESOLUTION

Expressing the sense of Congress that the United States should resume normal diplomatic relations with Taiwan, and for other purposes.

Whereas the people of Taiwan have established a vibrant and pluralistic democracy only 20 years ago; Whereas since then, the people of Taiwan have conducted five successful presidential elections, successive elections for members of their national legislature, numerous local elections, and two national referendums; Whereas Taiwan has never been under the jurisdiction of the People's Republic of China, which continues to illegitimately claim sovereignty over Taiwan and its 23,000,000 citizens; Whereas the Shanghai Communique, which maintains that there is ``One China'' and that ``Taiwan is part of China'', was established without the consultation of Congress or the people of Taiwan; Whereas the People's Republic of China has since used the ``One China Policy'' to block Taiwan's membership and full participation in international organizations and events, ranging from the United Nations and the World Health Organization to the Olympics; Whereas the ``One China Policy'' is effectively obsolete, and does not the reflect the obvious reality that Taiwan has functioned as an independent and sovereign country for over half a century; Whereas the only other countries in the world with which the United States does not have diplomatic relations are Bhutan, Cuba, Iran, and North Korea; Whereas Taiwan maintains diplomatic, cultural, and economic relations with several countries around the world; Whereas Taiwan and the United States maintained formal diplomatic relations until 1979; Whereas former President Jimmy Carter severed diplomatic ties...

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I support H.Con.Res. 122 (112th) ("Expressing the sense of Congress that the United States should resume normal diplomatic relations with") because the Taiwan Relations Act was enacted on the constitutional foundations of the plenary powers doctrine. The exercise of the foreign affairs power does not exist in a vacuum but such is conditioned by the legislative powers of foreign commerce. The American interest in the human rights of the people of Taiwan is statutory policy. The TRA legislative record on the human rights clause demonstrates that Senator Pell and Helms were referring to torture under the Fourth Geneva Convention in 1980. The rights of self-determination must be secured to the people of Taiwan. The 1972 Shanghai Communique imposed a requirement of "peaceful resolution" but this objective can only be achieved by the pathway to self-determination. The inherent power of US v. Curtis-Wright Export Corp has more baggage than sales of any military aircraft to Taiwan. The inherent and inalienable rights of Fong Yue Ting v. US and US v. Kagama were first rooted in art 5, Burlingame Treaty of 1868. Taiwan has inalienable rights of self-determination.

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JeffGeer
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2 years ago

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Bill Summary

H.Con.Res. 122: Expressing the sense of Congress that the United States should resume normal diplomatic relations with Taiwan, and for other purposes.

H.Con.Res. 121 Expressing the sense of Congress that as one of the world’s important... H.Con.Res. 123 Recognizing the potential for the virtual elimination of pediatric HI...