 |
|
He can WITHDRAW from NAFTA... that incents Mexico
Posted on: January 6, 2017 at 10:37:27 CT
Spanky KU
Posts:
142204
Member For:
20.35 yrs
Level:
User
M.O.B. Votes:
0
(and Canada) to renegotiate the treaty. Both countries charge a VAT on US imports into their country, while the US does not....
NAFTA's Article 2205 is only 34 words and simply says that a party may withdraw from the agreement six months after it provides written notice.
“A Party may withdraw from this Agreement six months after it provides written notice of withdrawal to the other Parties. If a Party withdraws, the Agreement shall remain in force for the remaining Parties.”
Can a President do that on his own without Congress?
Please recall (if you can) President Jimmy Carter’s executive termination of the Sino-American Mutual Defense Treaty with Taiwan in 1979. A group of senators sued, and the case went all the way to the Supreme Court. Six justices ruled that the case should be dismissed, but could not agree on the reasoning. Four justices agreed with Justice William Rehnquist that it was a political question not fit for the courts to decide. The legal issue at hand – whether Carter’s actions were Constitutionally valid – was not ruled on.
The second case involved President George W. Bush’s withdrawal in 2001 from the Anti-Ballistic Missile Treaty, signed with the Soviet Union in 1972. Congress sued, but the case didn’t make it out of a D.C. District Court. It was dismissed as a “nonjusticiable political question.”
Edited by Spanky at 10:41:21 on 01/06/17
NAFTA's Article 2205 is only 34 words and simply says that a party may withdraw from the agreement six months after it provides written notice.
“A Party may withdraw from this Agreement six months after it provides written notice of withdrawal to the other Parties. If a Party withdraws, the Agreement shall remain in force for the remaining Parties.”
Can a President do that on his own without Congress?
Please recall (if you can) President Jimmy Carter’s executive termination of the Sino-American Mutual Defense Treaty with Taiwan in 1979. A group of senators sued, and the case went all the way to the Supreme Court. Six justices ruled that the case should be dismissed, but could not agree on the reasoning. Four justices agreed with Justice William Rehnquist that it was a political question not fit for the courts to decide. The legal issue at hand – whether Carter’s actions were Constitutionally valid – was not ruled on.
The second case involved President George W. Bush’s withdrawal in 2001 from the Anti-Ballistic Missile Treaty, signed with the Soviet Union in 1972. Congress sued, but the case didn’t make it out of a D.C. District Court. It was dismissed as a “nonjusticiable political question.”
Edited by Spanky at 10:41:21 on 01/06/17
Please explain why this message is being reported.
MESSAGE THREAD
- 
He can WITHDRAW from NAFTA... that incents Mexico - Spanky KU - 1/6 10:37:27