Congress has approved legislation that would prevent any president from withdrawing the United States from NATO without approval from the Senate or an Act of Congress. The measure, spearheade…
Congress has approved legislation that would prevent any president from withdrawing the United States from NATO without approval from the Senate or an Act of Congress. The measure, spearheaded by Sens. Tim Kaine (D-Va.) and Marco Rubio (R-Fla.), was included in the annual National Defense Authorization Act, which passed out of the House on Thursday and is expected to be signed by President Biden.
This deterrent effect doesn’t come just from the NATO treaty ... Deterrence comes from the Kremlin’s conviction that Americans really believe in collective defense, that the U.S. military really is prepared for collective defense, and that the U.S. president really is committed to act if collective security is challenged. Trump could end that conviction with a single speech, a single comment, even a single Truth Social post, and it won’t matter if Congress, the media, and the Republican Party are still arguing about the legality of withdrawing from NATO. Once the commander in chief says “I will not come to an ally’s aid if attacked,” why would anyone fear NATO, regardless of what obligations still exist on paper? ... When I asked several people with deep links to NATO to imagine what would happen to Europe, to Ukraine, and even to Taiwan and South Korea if Trump declared his refusal to observe Article 5, all of them agreed that faith in collective defense could evaporate quickly. Alexander Vershbow, a former U.S. ambassador to NATO and a former deputy secretary-general of NATO, pointed out that Trump could pull the American ambassador from his post, prevent diplomats from attending meetings, or stop contributing to the cost of the Brussels headquarters, all before Congress was able to block him: “He wouldn’t be in any way legally constrained from doing that.” Closing American bases in Europe and transferring thousands of soldiers would take longer, of course, but all of the political bodies in the alliance would nevertheless have to change the way they operate overnight. James Goldgeier, an international-relations professor at American University and the author of several books on NATO, thinks the result would be chaotic. “It’s not like you can say, ‘Okay, now we have another plan for how to deal with this,’ ” he told me. There is no alternative leadership available, no alternative source of command-and-control systems, no alternative space weapons, not even an alternative supply of ammunition. Europe would immediately be exposed to a possible Russian attack for which it is not prepared, and for which it would not be prepared for many years.
e to an ally’s aid if attacked,” why would anyone fear NATO, regardless of what obligations still exist on paper? … When I asked several people with deep links to NATO to imagine what would happen
So should the president be commander-in-chief or not? Normally liberals aren't quite so mask-off and in favor of a military junta, but please, tell me how you square this circle.
If you are viewing actions of the legislature strictly through a partisan lens, you dont' have enough background to approach the original concern at all.
The original idea of the US government is three branches of government. If one branch of government "bipartisananly" wants to limit another branch of government, that should be cause for alarm and ideally the congressmen involved should be censured and possibly impeached. If you want to change the powers of the president, then it's time to rewrite the constitution, not do whatever the fuck this is.
No, you are missing the entire point of three branches of government. They are there as a check and balance of power to the others. They are literally supposed to stop the other branches from overstepping.
Article II section 2 of the constitution requires approval from the senate to ratify treaties, which is then up to the president to ratify and implement. Both branches of the government are supposed to work together to establish foreign policies, this is part of the check and balances. If you have sources interpreting article II section 2 differently I'd be curious to see.
NATO is a mutual defense treaty that is in practice enforced by US armed forces. If you accept that the President is Commander-in-chief of the armed forces, if He chooses not to respect the terms of the treaty by not deploying the armed forces, then in what way does congress get a say without grossly violating the separation of powers?
Congress has the power to declare war. The president being commander-in-chief does not mean he can do whatever he please with the U.S army as its own personal force. The president is meant to follow the constitution, even as commander. If the president ignores treaties and war declarations, I would argue the president is the one violating the separation of powers, and not congress by hypothetically enforcing the powers given to them by the constitution. By this logic, whoever controller the army should have absolute power, being commander-in-chief and all. I like how you slipped past my initial post by completely ignoring that the constitution grants congress influence over foreign policies by citing the president control over the armed forces as this unalienable right. Why have treaties then? Why have declaration of war? I think you might be slightly biased in your argument. The president was never the sole responsible for foreign policies, even though the executive branch had a lot of influence over those in recent times.
The Supreme Court has specifically made this point: The President “may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers.” Hamdan vs Rumsfeld (2006).
Just because the President is commander-in-chief does not mean he has plenary power over everything related to the military and it’s use.
Do you disapprove of the idea that SCOTUS can decide constitutionality? It's not in the constitution, so when they first did it, it was a "limit" on another branch of government.