Treaty termination and the presidency: Using custom to solve separation of powers disputes
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Authors
Lapointe, Joseph M.
Issue Date
2020
Type
Journal articles
Language
Keywords
Executive-legislative power
Alternative Title
Abstract
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.
Description
Citation
Lapointe, J. M. (2020). Treaty termination and the presidency: Using custom to solve separation of powers disputes. Charleston Law Review, 14(1), 133-204.
Publisher
Charleston Law Review