[Congressional Record Volume 164, Number 207 (Wednesday, January 2, 2019)]
[Senate]
[Page S8056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREATY WITHDRAWALS
Mr. MENENDEZ. Mr. President, today I wish to call attention to
President Trump's recent decisions to withdraw or threaten U.S.
withdrawal from four treaties: the Intermediate-Range Nuclear Forces
Treaty, INF Treaty; the Universal Postal Union, UPU, treaty; the
Optional Protocol to the Vienna Convention on Diplomatic Relations,
``VCDR Option Protocol''; and the Treaty of Amity, Economic Relations
and Consular Rights between the United States and Iran, ``Treaty of
Amity''. The President made these decisions without notice or
meaningful consultation with the Senate Committee on Foreign Relations,
the congressional committee charged with responsibility and
jurisdiction over treaties.
As the ranking member of that committee, I am compelled to
strenuously object to the manner in which the President has acted, but
all Senators should protest, regardless of their views on the substance
of the respective agreements. The President's actions erode the
constitutional powers of this body and our institutional prerogatives.
Article 2 of the Constitution endows the President and the Senate
with shared power over treaties. The President, it states, ``shall have
power, by and with the advice and consent of the Senate, to make
treaties, provided two thirds of the Senators present concur.''
While the Constitution does not expressly dictate a procedure for
terminating treaty relationships, Senators have long asserted that the
shared treaty power extends to withdrawal and therefore also requires
Senate advice and consent. Even though the executive branch may not
agree with this position, what is unacceptable is that Senators are
first learning about these withdrawals online or in the newspaper
instead of through proactive outreach by and meaningful dialogue with
the executive branch.
President Trump has regrettably shown exceedingly little respect for
the Constitution and for the institutional prerogatives of this body. I
stand today to highlight one area in which he has actively undermined
the Senate's constitutional role and authority. I plan to do everything
in my power to protect the Senate's role and responsibilities over
treaties and urge all of my colleagues to join in this effort.
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