Congress has approved legislation that would prevent any president from withdrawing the United States from NATO without approval from the Senate or an Act of Congress. The measure, spearheade…
SEC. 1250A. LIMITATION ON WITHDRAWAL FROM THE NORTH
ATLANTIC TREATY ORGANIZATION.
(a) OPPOSITION OF CONGRESS TO SUSPENSION, TERMINATION, DENUNCIATION, OR WITHDRAWAL FROM NORTH ATLANTIC TREATY.— The President shall not suspend, terminate, denounce, or withdraw
the United States from the North Atlantic Treaty, done at Wash-
ington, DC, April 4, 1949, except by and with the advice and
consent of the Senate, provided that two-thirds of the Senators
present concur, or pursuant to an Act of Congress.
(b) LIMITATION ON THE USE OF FUNDS.—No funds authorized
or appropriated by any Act may be used to support, directly or
indirectly, any decision on the part of any United States Govern-
ment official to suspend, terminate, denounce, or withdraw the
United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent
of the Senate, provided that two-thirds of the Senators present
concur, or pursuant to an Act of Congress.
(1) CONSULTATION.—Prior to the notification described in
paragraph (2), the President shall consult with the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives in relation
to any initiative to suspend, terminate, denounce, or withdraw
the United States from the North Atlantic Treaty.
(2) NOTIFICATION.—The President shall notify the Com-
mittee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives in writing
of any deliberation or decision to suspend, terminate, denounce,
or withdraw the United States from the North Atlantic Treaty,
as soon as possible but in no event later than 180 days prior
to taking such action.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to authorize, imply, or otherwise indicate that the Presi-
dent may suspend, terminate, denounce, or withdraw from any
treaty to which the Senate has provided its advice and consent
without the advice and consent of the Senate to such act or pursuant
to an Act of Congress.
(e) SEVERABILITY.—If any provision of this section or the
application of such provision is held by a Federal court to be
unconstitutional, the remainder of this subtitle and the application
of such provisions to any other person or circumstance shall not
be affected thereby.
(f) DEFINITIONS.—In this subtitle, the terms ‘‘withdrawal’’,
‘‘denunciation’’, ‘‘suspension’’, and ‘‘termination’’ have the meaning
given the terms in the Vienna Convention on the Law of Treaties,
concluded at Vienna May 23, 1969.
SEC. 1250A. LIMITATION ON WITHDRAWAL FROM THE NORTH ATLANTIC TREATY ORGANIZATION.
(a) OPPOSITION OF CONGRESS TO SUSPENSION, TERMINATION, DENUNCIATION, OR WITHDRAWAL FROM NORTH ATLANTIC TREATY.— The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Wash- ington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.
(b) LIMITATION ON THE USE OF FUNDS.—No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any decision on the part of any United States Govern- ment official to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.
© NOTIFICATION OF TREATY ACTION.—
(1) CONSULTATION.—Prior to the notification described in paragraph (2), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty.
(2) NOTIFICATION.—The President shall notify the Com- mittee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to authorize, imply, or otherwise indicate that the Presi- dent may suspend, terminate, denounce, or withdraw from any treaty to which the Senate has provided its advice and consent without the advice and consent of the Senate to such act or pursuant to an Act of Congress.
(e) SEVERABILITY.—If any provision of this section or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this subtitle and the application of such provisions to any other person or circumstance shall not be affected thereby.
(f) DEFINITIONS.—In this subtitle, the terms ‘‘withdrawal’’, ‘‘denunciation’’, ‘‘suspension’’, and ‘‘termination’’ have the meaning given the terms in the Vienna Convention on the Law of Treaties, concluded at Vienna May 23, 1969.
https://www.congress.gov/bill/118th-congress/house-bill/2670/text
Thanks very much for sharing this language.
I do not think it will be effective. This has been done before in exactly the same way and that failed.
https://crsreports.congress.gov/product/pdf/LSB/LSB10600#:~:text=OLC asserts in its FY2020,addition to vesting the President