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Abrogating Treaties


               
2025 Mar 2, 9:23pm   69 views  2 comments

by TheAntiPanicanLearingCenter   follow (9)  

It doesn't matter what Congress or Pundits say, it is an open question as to whether the President needs ANY approval from Congress to abrogate a treaty.

The Constitution ONLY speaks of acceding to a Treaty, and is silent about their abrogation.

TWO Presidents have abrogated treaties with no vote at all in Congress: Carter in 1978 involving ROC, and Bush II in 2002 regarding the ABM Treaty

In Goldwater vs. Carter (1979), specifically about Carter's abrogation of the aforementioned US-Taiwan Defense Treaty, SCOTUS refused to rule on the case entirely, and nullified all decisions made by lower courts, effectively letting Carter's abrogation stand.

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1   Patrick   2025 Mar 2, 9:28pm  

Does this mean the US can easily get out of NATO instead of joining WWIII when the British and French attack Russia?
2   TheAntiPanicanLearingCenter   2025 Mar 2, 9:30pm  

It means Trump may very well be able to abrogate Treaties.

Especially with two cases of Precedence where neither SCOTUS nor the Legislature intervened.

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