ThoughtCrimes
Old Navy Vet
- Jun 25, 2012
- 4,331
- 994
I agree that if he sent notification of intent to withdraw from NAFTA via Executive Memorandum to the Speaker and Majority Leader AND with both houses cooperating AND Congress dotted the I's and crossed all the T's re: Title 19, Sec 21, then getting out from under NAFTA would be possible with NAFTA being a CSA. BUT it would NOT be lawful to simply issue an Executive Order to shrug it off."The supermajority vote requirement does not apply to two other types of international agreements—sole-executive agreements and congressional-executive agreements. While these agreements are regarded as “treaties” internationally, they are not given the same status as “treaties” within the United States because they have not been made “with the advice and consent of the Senate.” Sole-executive agreements are international agreements made by the President alone, while Congressional-executive agreements are executive international agreements that backed by legislation passed by Congress, which only requires a simple majority of both houses, not a supermajority of the Senate."As a matter of law it is unclear the President has that authority, but as a practical matter when Carter withdrew from the mutual defense treaty with Taiwan and Bush41 withdrew from the ABM treaty, the Supreme Court declined the cases saying this was a political matter, not a legal matter, so while the authority is not explicit under the Constitution, there is precedent for presidents taking such action.NAFTA is codified in Title 19, Chapter 21, USC. So are you contending the Orange One can strike down the laws of the land unilaterally? Where is that AUTHORITY WRITTEN in the Constitution or any where else? It simply is not! Just considering the Separation of Powers doctrine, it should be clear that any POTUS is powerless in any wise to do that!Unless the Senate challenges after the fact, yes he likely can.
~~ Executive Branch ~~
So tell me exactly how any POTUS can strike down all of Title 19, Section 21 USC unilaterally with an Executive Order without violating the Separation of Powers doctrine and not bringing down the wrath of the Courts upon his Orange ass! I'm really interested in how that magic trick can be accomplished!
I see I was in error about the advise and consent for a CSA, and for that, my apologies!
Well I can't and it didn't make sense to me either that he could go even this far until I looked into it.
it's kind of muddy, but not totally out of the question either that he could issue the intent to withdraw without Senate approval.
Where it goes from there is anyone's guess and I doubt it happens anyhow, as he'd more than likely be facing an all out revolt from the right.
but could he issue an EO declaring intent to withdraw, it would seem yes, and, if he does, then the Senate would have to fight it.
In this case I think they would fight it.... and now we're in new and interesting territory.