On the recordJuly 19, 2023
It is unconstitutional for the legislature to change the Congress. While the Constitution provides a role for both the President and the Senate when entering a treaty, it is silent regarding how to exit a treaty. When the question of treaty determination first arose in 1793, President Washington and his cabinet endorsed the view that the President's Executive power included the ability to unilaterally terminate a treaty, withdraw from the treaty obligations, permitted the U.S. to maintain neutrality in a war between France and Great Britain, and it was done unilaterally by President Washington. The power to enter treaties is found in article 2, which vests the President with the Executive power. Unlike a legislative body, the President can act with unity and dispatch, precisely the qualities needed to negotiate a treaty. And so the Founders grounded this authority in article 2. Passing this amendment is tantamount to altering the Constitution, because the amendment would authorize the Senate to infringe upon the Executive powers of the President. The Senate has no voice when exiting a treaty. This would amend the Constitution and is unconstitutional, and that is a good thing. The Founders wanted it to be difficult to commit the United States to international obligations and easy to get out. We should follow the Constitution and vote ``no'' on this amendment.
Source
govinfo.gov




