• 美国和很多国家都有条约,就算是川普这样的他也没那样的权力毁掉。中古文说:信失则国危。 - 青雨紫烟 -
(0 bytes) (5 reads) 11/22/2025 18:08:23
下面只是一个例子。其它的我就不列举了。这个可是 treaty, 不是 executive agreement 哦。
没别的意思,只是想说美国总统是有这个权力的。
President Jimmy Carter's Termination of the US-Taiwan Mutual Defense Treaty
The Treaty: The Mutual Defense Treaty between the United States and the Republic of China (Taiwan), signed in 1954, was a formal military alliance.
The Action: In December 1978, President Jimmy Carter announced the United States would formally recognize the People's Republic of China (PRC) as the government of China. As part of this diplomatic shift, he announced the termination of the 1954 Mutual Defense Treaty with the Republic of China (Taiwan), giving the one-year notice required by the treaty itself.
Congressional Reaction: The termination was done unilaterally by the President without seeking the "advice and consent" of the Senate, which is required for making a treaty. This action was highly controversial and prompted a legal challenge by members of Congress, including Senator Barry Goldwater.
The Legal Outcome: The case, Goldwater v. Carter (1979), eventually reached the Supreme Court. However, the Court ultimately dismissed the case without ruling on the merits of whether the President had the constitutional authority to terminate a treaty unilaterally. They determined the issue was a "political question" that the judicial branch should not resolve, effectively allowing the President's action to stand.
This precedent has since been relied upon by the executive branch to support the argument that the President possesses the independent authority to withdraw from treaties.