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USA’s international trade agreements.
The USA has international trade agreements but I do not believe we have any trade Treaties. USA Treaties are ratified by a 2/3 vote of the U.S. Senate and thus have an extremely high legal status. Only a Constitutional Amendment can repeal a USA treaty but the federal courts can deem a treaty to be unconstitutional.
I’m given to believe that all of USA’s agreements that are lesser than treaties are executive-congressional agreements or executive orders that are all subject to unilateral modification and/or termination.
The U.S. Constitution grants the executive administration with extraordinary jurisdiction over international affairs. There has been at least one instance of a president unilaterally terminating an international agreement without consulting the U.S. Congress.
In one such instance Senator Goldwater of Arizona tried to challenge the president in federal court. The Supreme Court refused to hear his case; (I would suppose the court’s refusal was without any comment or explanation or they could have taken the position that a single senator does not have legal status to challenge the president’s action).
Federal courts are (for good reasons) highly reluctant to hear cases that they consider to be more political rather than legal matters. I won’t speculate as to what the federal courts would do if the U.S. Senate or both houses of the U.S. Congress should ever mount a legal opposition to such a presidential action.
Diplomats are or should be realists aware that it’s not unusual for defecation to occur. I’d be surprised if drafting of any executive-congressional agreements or executive agreements did not include some provisions for the agreements’ terminations or modifications.
I’m a proponent of a specific “Import Certificate” policy for USA’s global trade. Goggle to Wikipedia’s “Import Certificates” article
or refer to
http://www.debatepolitics.com/economics/253134-import-certificates.html
Respectfully, Supposn
The USA has international trade agreements but I do not believe we have any trade Treaties. USA Treaties are ratified by a 2/3 vote of the U.S. Senate and thus have an extremely high legal status. Only a Constitutional Amendment can repeal a USA treaty but the federal courts can deem a treaty to be unconstitutional.
I’m given to believe that all of USA’s agreements that are lesser than treaties are executive-congressional agreements or executive orders that are all subject to unilateral modification and/or termination.
The U.S. Constitution grants the executive administration with extraordinary jurisdiction over international affairs. There has been at least one instance of a president unilaterally terminating an international agreement without consulting the U.S. Congress.
In one such instance Senator Goldwater of Arizona tried to challenge the president in federal court. The Supreme Court refused to hear his case; (I would suppose the court’s refusal was without any comment or explanation or they could have taken the position that a single senator does not have legal status to challenge the president’s action).
Federal courts are (for good reasons) highly reluctant to hear cases that they consider to be more political rather than legal matters. I won’t speculate as to what the federal courts would do if the U.S. Senate or both houses of the U.S. Congress should ever mount a legal opposition to such a presidential action.
Diplomats are or should be realists aware that it’s not unusual for defecation to occur. I’d be surprised if drafting of any executive-congressional agreements or executive agreements did not include some provisions for the agreements’ terminations or modifications.
I’m a proponent of a specific “Import Certificate” policy for USA’s global trade. Goggle to Wikipedia’s “Import Certificates” article
or refer to
http://www.debatepolitics.com/economics/253134-import-certificates.html
Respectfully, Supposn