this post was submitted on 18 Jan 2026
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[–] feannag@sh.itjust.works 31 points 4 hours ago (1 children)

Sooo anyone in Congress going to ask how the executive branch unilaterally withdraws from Senate ratified treaties? No? I guess I shouldn't be surprised.

[–] tal@lemmy.today 9 points 2 hours ago* (last edited 2 hours ago)

Actually, whether or not it's permitted is, surprisingly, an undecided point in case law.

The case law here is Goldwater v. Carter, but the Supreme Court ruled on a technicality rather than the major question.

https://en.wikipedia.org/wiki/Goldwater_v._Carter

Goldwater v. Carter, 444 U.S. 996 (1979), was a United States Supreme Court case in which the Court dismissed a lawsuit filed by Senator Barry Goldwater and other members of the United States Congress challenging the right of President Jimmy Carter to unilaterally nullify the Sino-American Mutual Defense Treaty, which the United States had signed with the Republic of China, so that relations could instead be established with the People's Republic of China.

EDIT: I've brought it up before because a somewhat-analogous issue was also surprisingly undecided in UK case law, and there was a major legal tussle in the UK over it, whether or not the Prime Minister had the power to withdraw the UK from the EU without going to Parliament.