Trump often makes the THREAT that HE will pull America out of trade deals like NAFTA, the WTO...
He thinks this provides LEVERAGE in negotiations. But can he do it?
With help from the LAWYERS, we tackle that IMPORTANT LEGAL question...
piie.com/experts/peters…
Thinking hard about this question requires digging into the US Constitution, and which BRANCH of government is delegated which powers....
constitutionus.com
And it is tricky, because Article I, Section 8 grants CONGRESS the power...
"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"
BUT...
...Article II, Section 8 grants the PRESIDENT (the Executive) the power...
"by and with the Advice and Consent of the Senate, to make Treaties"
and trade deals sound a lot like TREATIES.
🤔🤔
So we turn to legal experts
We speak with Rachel Brewster (@DukeLaw). She is both a legal scholar and a PhD political scientist. She wrote
“Exit from Trade Agreements: A Reputational Analysis of Cooperation and Fairness” --> law.duke.edu/fac/brewster/
We also speak with @JPTrachtman (@FletcherSchool). He wrote
“Power to Terminate U.S. Trade Agreements: The Presidential Dormant Commerce Clause Versus an Historical Gloss Half Empty.” Int'l Lawyer --> papers.ssrn.com/sol3/papers.cf…
Other @JPTrachtman (@FletcherSchool) articles on this question include
"Trump can't withdraw from NAFTA without a 'yes' from Congress"
thehill.com/blogs/pundits-…
We also speak with Gary C. Hufbauer (@PIIE). His writings on this question include
"Can Trump Terminate NAFTA?" piie.com/blogs/trade-in…
We learned a lot about congressional-executive agreements, Goldwater v Carter, Zivotofsky v. Clinton, implementing legislation...
Thanks to Rachel, Joel & Gary.
Listeners, let us know what you think!
tun.in/tiEeZm