Mike Levin: “That is what it comes down to. This is not an issue as to who has the power to withdraw from a treaty. Both the Senator…”

“That is what it comes down to. This is not an issue as to who has the power to withdraw from a treaty. Both the Senator from Indiana and the Senator from Delaware make arguments about that issue. That is not resolved in this amendment. Both of their remarks address that issue, as did my remarks. I am the first one to acknowledge that as a matter of fact the Constitution is silent with respect to the power to terminate treaties. That is the quote I used before that came from the Congressional Research Service. The Constitution is silent. There has not been a resolution of this issue. There is the Goldwater case that can be interpreted as the Senator from Delaware did. We do not resolve that issue in this amendment. This amendment does not remove from the President, nor does it purport to remove from the President, the power to terminate or extend a treaty. That issue is a major constitutional issue. I cannot believe, and I did not hear that either of our colleagues suggested, that there is a constitutional problem with my amendment because my amendment does not require the President to get the advice and consent of the Senate to withdraw from the treaty. My amendment simply says: Before you exercise your right to withdraw, give 60 days' notice to the Senate.”