Treaty termination and the presidency: Using custom to solve separation of powers disputes

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The debate over whether the President, the Senate, or the Congress has primacy in treaty termination remains unsettled. Professor Curtis Bradley incorrectly argues that custom supports a presidential authority to terminate treaties independently. This paper argues that a fuller view of custom, combined with the Intent of the Framers and functional considerations, shows treaty termination is a shared executive-legislative power.

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Lapointe, J. M. (2020). Treaty termination and the presidency: Using custom to solve separation of powers disputes. Charleston Law Review, 14(1), 133-204.

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Charleston Law Review

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