• @Klypto
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    26 months ago

    Read your own constitution.

    He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; …

    Congress, not the President, has the power to declare war.

    The Congress shall have Power To… To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

    • GodlessCommie
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      English
      -36 months ago

      Make treaties

      Does not address withdrawing from one. Obama and Biden have had no issue instigating and starting war without Congress

      • @Klypto
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        36 months ago

        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 asserts in its FY2020,addition to vesting the President

        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.