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BumRushDaShow

(172,351 posts)
12. And note this -
Thu Jul 12, 2018, 08:00 AM
Jul 2018
The Senate's Role in Treaties

The Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" (Article II, section 2). The Constitution's framers gave the Senate a share of the treaty power in order to give the president the benefit of the Senate's advice and counsel, check presidential power, and safeguard the sovereignty of the states by giving each state an equal vote in the treatymaking process. As Alexander Hamilton explained in Federalist no. 75, “the operation of treaties as laws, plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.” The constitutional requirement that the Senate approve a treaty with a two-thirds vote means that successful treaties must gain support that overcomes partisan division. The two-thirds requirement adds to the burdens of the Senate leadership, and may also encourage opponents of a treaty to engage in a variety of dilatory tactics in hopes of obtaining sufficient votes to ensure its defeat.

The Senate does not ratify treaties—the Senate approves or rejects a resolution of ratification. If the resolution passes, then ratification takes place when the instruments of ratification are formally exchanged between the United States and the foreign power(s).

Most treaties submitted to the Senate have received its advice and consent to ratification. During its first 200 years, the Senate approved more than 1,500 treaties and rejected only 21. A number of these, including the Treaty of Versailles, were rejected twice. Most often, the Senate has simply not voted on treaties that its leadership deemed not to have sufficient support within the Senate for approval, and in general these treaties have eventually been withdrawn. At least 85 treaties were eventually withdrawn because the Senate never took final action on them. Treaties may also remain in the Senate Foreign Relations Committee for extended periods, since treaties are not required to be resubmitted at the beginning of each new Congress. There have been instances in which treaties have lain dormant within the committee for years, even decades, without action being taken.

<...>

Terminating Treaties

The Constitution is silent about how treaties might be terminated. The breaking off of two treaties during the Jimmy Carter administration stirred controversy. In 1978 the president terminated the U.S. defense treaty with Taiwan in order to facilitate the establishment of diplomatic relations with the People's Republic of China. Also in 1978 the new Panama Canal treaties replaced three previous treaties with Panama. In one case, the president acted unilaterally; in the second, he terminated treaties in accordance with actions taken by Congress. Only once has Congress terminated a treaty by a joint resolution; that was a mutual defense treaty with France, from which, in 1798, Congress declared the United States "freed and exonerated." In that case, breaking the treaty almost amounted to an act of war; indeed, two days later Congress authorized hostilities against France, which were only narrowly averted.


https://www.senate.gov/artandhistory/history/common/briefing/Treaties.htm

Recommendations

0 members have recommended this reply (displayed in chronological order):

The idiot probably wants to withdraw and join the Warsaw Pact. George II Jul 2018 #1
Breaking up nato is putin's dream so of course trump will do it Fullduplexxx Jul 2018 #2
I wondered the same thing. Don't we have a treaty, Mc Mike Jul 2018 #3
NATO "North Atlantic Treaty Organization" BumRushDaShow Jul 2018 #7
Good info, thanks BR. Mc Mike Jul 2018 #8
And note this - BumRushDaShow Jul 2018 #12
So treaties are constitutional law. Enforceable. Mc Mike Jul 2018 #19
Another treaty to look out for is this BumRushDaShow Jul 2018 #20
I've been watching Philly hang tough, rooting for you. We're trying to help out over here. Mc Mike Jul 2018 #21
It's all just sad. BumRushDaShow Jul 2018 #22
Those high crimes-committing felons have got to go down. Mc Mike Jul 2018 #24
😀 BumRushDaShow Jul 2018 #25
Right wing hatred of the UN has been floated for decades bucolic_frolic Jul 2018 #4
And the right wing unreasonable fear PatSeg Jul 2018 #16
Which jives with bucolic_frolic Jul 2018 #17
This is true, very consistent PatSeg Jul 2018 #23
They'll gettr done chump Maxheader Jul 2018 #5
Maybe someone watoos Jul 2018 #6
'Do his own thing' according to his master's bidding, Putin. keithbvadu2 Jul 2018 #9
I thought 'do his own thing' meant 'eat, golf, sexually assault, steal, and bloviate'. nt Mc Mike Jul 2018 #11
Macron has already come out and said he's full of shit. Vinca Jul 2018 #10
I think this would require approval from the Senate YessirAtsaFact Jul 2018 #13
He needs to send an invoice to Russia, they're the reason for NATO FakeNoose Jul 2018 #14
What our allies really need to do now, duforsure Jul 2018 #15
Liar. sinkingfeeling Jul 2018 #18
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