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this post was submitted on 18 Dec 2023
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So Dems restructuring the Executive branch is cool, when the GOP claims to want changes its all hands on deck? NATO should have been dissolved with the Warsaw Pact. At least the USSR kept its word, unlike the US
https://clerk.house.gov/Votes/2023723 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1181/vote_118_1_00343.htm#position
Wat
You're funny.
Read your own constitution.
Congress, not the President, has the power to declare war.
Does not address withdrawing from one. Obama and Biden have had no issue instigating and starting war without Congress
USA allows the deployment of forces with the War Powers Resolution of 1973
Limitations require Congress to be notified and that Congress approves an authorized use of force extension beyond 60 days
No President has followed this procedure in the past 23~ active interventions including the 4 wars that the United States has deployed forces in to this day:
Syria Niger Somalia Yemen
I think you are right about the withdrawing though. I found that this is not the first time Congress has put a treaty withdrawal restriction in a defense authorization bill and it has been ignored in the past with Open Skies.
Office of Legal counsel opinion says Congress does not have power outside of the initial agreement and rules within a given treaty.
https://crsreports.congress.gov/product/pdf/LSB/LSB10600#:~:text=OLC%20asserts%20in%20its%20FY2020,addition%20to%20vesting%20the%20President
https://www.justice.gov/d9/opinions/attachments/2020/12/21/2018-10-17-nafta-wd.pdf
So even though they put this into a bill, if a future President pushes back against it, they likely will win without much trouble at all.