Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: UMCRevMom@aol.com
I don't believe I have ever suggested that Russia was not violating the agreement. But (as I have noted repeatedly) the Budapest Memorandum in no way obligated the United States to provide a military defense for Ukraine if they were invaded by Russia. The fact that Russia violated the terms of the Budapest Memorandum, does not magically add any terms to the agreement (such as a US obligation to defend Ukraine) that were never there in the first place...

;>)

125 posted on 03/29/2022 5:09:51 AM PDT by Who is John Galt? ("...mit Pulver und Blei, Die Gedanken sind frei!")
[ Post Reply | Private Reply | To 110 | View Replies ]


To: Who is John Galt?

You misunderstand:

“To summarize: the Senate does not ratify treaties; the President does. Treaties, in the U. S. sense, are not the only type of binding international agreement. Congressional-Executive agreements and Sole Executive agreements may also be binding.

It is generally understood that treaties and Congressional-Executive agreements are interchangeable; Sole Executive agreements occupy a more limited space constitutionally and are linked primarily if not exclusively to the President’s powers as commander in chief and head diplomat.

Treaties and other international agreements are subject to the Bill of Rights. Congress may supersede a prior inconsistent treaty or Congressional-Executive agreement as a matter of U. S. law, but not as a matter of international law.

Courts in the United States use their powers of interpretation to try not to let Congress place the United States in violation of its international law obligations. A self-executing treaty provision is the supreme law of the land in the same sense as a federal statute that is judicially enforceable by private parties.

Even a non-self-executing provision of an international agreement represents an international obligation that courts are very much inclined to protect against encroachment by local, state or federal law.” i.e. the Budapest Memorandum:


147 posted on 03/29/2022 9:49:45 AM PDT by UMCRevMom@aol.com
[ Post Reply | Private Reply | To 125 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson