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Do you realize that most of our trade treaties enact domestic law right? According to the current interpretation of article II, section 2, clause 2 the treatie
by evgen 11y ago
Do you realize that most of our trade treaties enact domestic law right? According to the current interpretation of article II, section 2, clause 2 the treaties are essentially a manifestation of domestic law (as was NAFTA, for example.) Where you are incorrect is in the assumption that it cannot be repealed. In fact, it is easier to get out of them than it is to approve them: congress can pass laws that repeal any aspects of the treaty (and no, a treaty cannot prevent a future congress from such action -- no act of congress is in any way binding on future congresses and only a change to the constitution would allow for such a restriction), the supreme court could declare any or all of a treaty as unconstitutional, or a future president can just declare that the US is no longer party to a treaty. The latter bit is still somewhat untested, but in cases where it has been used by sitting presidents it has not been successfully appealed.
- pjc50 11y agoHowever, Congress changing it subsequently puts the US in breach of the treaty, and potentially subject to whatever arbitration system was built into the treaty. The US generally has the power to get away with this without significant cost, but smaller parties to the treaty do not.