On the recordJuly 19, 2023
On the constitutional argument, my colleagues, this very question came before the Supreme Court of the United States in 1979. President Carter terminated a Taiwan-related treaty and was sued by Senator Goldwater and others. The case went to the United States Supreme Court. The Court said because the Constitution on exiting a treaty is silent, it is a political question that the legislature and Executive can resolve for themselves. The Supreme Court refused to overturn Carter's action. That is a clear green light that if Congress, the legislative, and Executive branch agree that on this particular treaty the silence does not dictate but can be the source of legislation, we would be able to undertake this action. Finally, I note this is widely bipartisan, and I thank Senator Rubio and many other Democratic and Republican colleagues who have cosponsored this amendment to stand strong at this moment with me. With that, I yield.





