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originally posted by: AugustusMasonicus
originally posted by: Vector99
Again, this has never happened...
Sure it has, plenty of times. United States tax treaties with other nations has changed our tax laws for citizens from when they were initially enacted.
Democrats have become the party of foreign intervention and perpetual war it seems.
originally posted by: Boadicea
originally posted by: YouSir
a reply to: Scapegrace
Ummm...I’m afraid this is just another usurpation of executive powers by the legislature...
I don’t think this will pass the SCOTUS smell test...as it shouldn’t...
How so? I am seriously asking. I know that the Constitution grants the president the power and authority to negotiate treaties, and requires Senate advice and ratification of any/all treaties, but I'm not familiar with any mention of the proper protocol or authority for ending treaties.
So it does seem reasonable to require Senate advice and ratification for ending treaties, since they are involved in the original authorization of the treaty.
But I'm willing to learn... what have you got?
In Goldwater v. Carter,[9] Congress challenged the constitutionality of then-president Jimmy Carter's unilateral termination of a defense treaty. The case went before the Supreme Court and was never heard; a majority of six Justices ruled that the case should be dismissed without hearing an oral argument, holding that "The issue at hand ... was essentially a political question and could not be reviewed by the court, as Congress had not issued a formal opposition." In his opinion, Justice Brennan dissented, "The issue of decision making authority must be resolved as a matter of constitutional law, not political discretion; accordingly, it falls within the competence of the courts". Presently, there is no official Supreme Court ruling on whether the President has the power to break a treaty without the approval of Congress, and the courts also declined to interfere when President George W. Bush unilaterally withdrew the United States from the Anti-Ballistic Missile Treaty in 2002, six months after giving the required notice of intent.[]1]
originally posted by: Ahabstar
One could argue that the NATO agreement does violate the Constitution. The clause about an attack on one is an attack on all forces Congress to commit to war when the President acts within the confines of the treaty and duties as CIC and orders intervention against the attacking country that committed the act of war.
How did NATO come to OUR aid after that invocation?
NATO = a bunch of nations relying on the US.
Why do they rely on us? Nukes and military spending.
Without the US funding it, there literally is no NATO.
originally posted by: YouSir
a reply to: Scapegrace
Ummm...I’m afraid this is just another usurpation of executive powers by the legislature...
I don’t think this will pass the SCOTUS smell test...as it shouldn’t...
It’s kind of eye opening to see some of these comments in favor of this separation of powers usurpation...
This is a microscope on how this incrementalism by global progressives works...
And the plebes just eat it up like so much manna...
“You have a republic...if you can keep it”...comes to mind...
“Death by a thousand cuts”...also comes to mind...
YouSir
originally posted by: CriticalStinker
a reply to: YouSir
Like Metallicus said, I could be sold on either side.
On one hand I don't want executive power effectively neutered, because then we can't make voting decisions to really shift the direction of our government when we need to.
On the other, we've seen many (almost all) run on a platform, and have a vastly different one once elected. I do worry sometimes that the wrong one could undo very important things.
Ironically I think NATO is pretty antiquated for today's global political environment. I wouldn't have much quarrel with our departure as we pay the most for it. But I don't think my opinion on it, or one presidents should be able to unravel something that many would be against.
originally posted by: blueman12
a reply to: Scapegrace
Democrats have become the party of foreign intervention and perpetual war it seems.
One example proves you wrong : Afghanistan.
Every president since g w bush has lied about afghanistan (including trump). Trump still has continued an indefinite stay in iraq.
Trump, bush and obama have all been incredibly dishonest and push secret agendas in the middle east. Not to forget that sp do Republican and Democrat congressmen.