DU Constitutional Lawyers
Can a president abrogate an existing treaty without the approval of Congress ?
I know the Senate has to approve a treaty by a 2/3 vote but does the Senate also have to approve abrogating one.
I found this nugget:
Article 10 of the treaty provided that either Party could terminate it one year after notice had been given to the other Party. Accordingly, the treaty came to an end on 1 January 1980, one year after the United States established diplomatic relations with the People's Republic of China on 1 January 1979.
The authority for President Jimmy Carter to unilaterally annul a treaty, in this case the Sino-American Mutual Defense Treaty, was the topic of the Supreme Court case Goldwater v. Carter in which the court declined to rule on the legality of this action, given the political nature rather than judicial nature of the case, thereby allowing it to proceed.
https://en.wikipedia.org/wiki/Sino-American_Mutual_Defense_Treaty