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

To: Guy Angelito
I think you mean the treaty ceded him this power. Thus, the treaty, or 'law' allowed a process in which the President can effectively withdraw from it. He simply followed its terms. What a waste of judicial resources.

No, I meant that the withdrawal clause of the ABM Treaty did not create a process specifically identifying the President as having the authority to issue the withdrawal unilaterally.

There is an interesting Constitutional question that remains unasked: can the President unilaterally withdraw from a treaty without a clause in that treaty specifically granting that power to the President? Or does the Senate have any say in the matter, as they are responsible for ratifying treaties?

This is an interesting separation of powers issue. The Executive Branch, as head of state, is responsible for intercourse with other nations at a state-to-state level (diplomacy and negotiating treaties). However, the Senate is charged with giving a thumbs-up or a thumbs-down on treaties--and the treaties' status as law does give the Senate at least a pretext of a claim on the decision to maintain or renounce them. A reasonable and sane argument can be made on both sides of this issue.

However, as I noted earlier, the Senate has punted on this issue. If they do it often enough, then the courts will be forced to say that whatever implied power the Senate may have had was lost by voluntary cession.

66 posted on 12/31/2002 5:14:25 AM PST by Poohbah
[ Post Reply | Private Reply | To 52 | View Replies ]


To: Poohbah
Not sure if there are any answers in this but...

GOLDWATER v CARTER

68 posted on 12/31/2002 7:03:23 AM PST by michigander
[ Post Reply | Private Reply | To 66 | View Replies ]

To: Poohbah
The Executive Branch, as head of state, is responsible for intercourse with other nations at a state-to-state level.

That explains Clinton's administration! ;^)

Isn't it interesting how liberals race to find a sympathetic court when they don't get their way?

69 posted on 12/31/2002 7:56:15 AM PST by Teacher317
[ Post Reply | Private Reply | To 66 | 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