Civics Question: Can A President Unilaterally Withdraw Us From An International Agreement?

[ChoppinBroccoli]

I thought only Congress could authorize entrance into and rejection of International agreements. I mean, I realize that Trump wiped his ass with the Constitution a long time ago, but doesn't this violate the separation of powers?

[zipplewrath]

1. It's not a treaty

If it was a treaty that was ratified by the Senate, you'd be right. Unfortunately, due to the tendency of the senate not to support treaties formally, and especially the Senate with respect to Obama, the Iranian agreement wasn't negotiated as a treaty. It therefor exists because of the power of the president to control things like tariffs and sanctions.

[drray23]

2. Only if it's a treaty ratified by congress.

This was not. Just an agreement.

[unblock]

3. It's a good constitutional question

It doesn't directly relate to the Iran deal as that's not a treaty ratified by the senate.

However, it's a good question. Constitutionally, treaties are the supreme law of the land, yet shrub abrogated actreaty with Russia regarding nuclear weapons as well as the Geneva convention regarding torture.

There appears to be no legal consequence to a president simply walking away from a treaty, even though that seems very much at odds with it being the supreme law of the land.

It's not clear who could challenge the president, or what a court could do if it ordered the president to comply and the president refused. In the end, only impeachment can really enforce it.

[avebury]

4. He can choose for the US to not adhere to the agreement but

cannot force the other countries to walk away from the Agreement (short of trying to bully them into it.)

I hope that the other countries proceed with the Agreement. As long as Iran adheres to it, they have nothing to lose because they will gain the support of the European countries. Iran has more oil then Saudi Arabia and I bet that they will provide better pricing for those countries that stand by the deal.

Trump has proven to the International community that a Trump lead USA is not a country that they can rely upon. There really is not much reason for our former solid allies to maintain their alliances with the US at this time. They all need to thumb their noses at Trump and work on what is best for them. Trump perpetually shoots himself in the foot. I am waiting for the soy bean farmers to start whining to the press over their loss sales to China. We need to be prepared to withstand whatever debacle Trump will rain down on us if it will wake people enough to toss Trump and the Rethugs to the curb. But the drum beat has to be to drive home the point that Trump and the Rethugs are responsible for the debacle.

[roamer65]

5. I expect the Chinese will get a sweetheart deal on Iranian oil.

Plus a mutual defense agreement with Russia and China for Iran, along with full SCO membership.

The deal will be no nukes for Iran...since the Russians and Chinese will eventually station theirs in Iran.

[onenote]

6. Yes. It's not a treaty. Obama entered into it without Congressional approval.

Obama didn't need Congressional approval to enter into it (although he agreed to a process whereby Congress could've disapproved but the Democrats successfully filibustered that effort).


Here's an article that gives a more detailed explanation: https://www.washingtonpost.com/news/the-fix/wp/2015/07/09/the-role-of-congress-or-lack-thereof-in-the-iran-deal-explained/?noredirect=on&utm_term=.b8b69d66bd02