What Does It Mean for the Senate to Give Its โAdvice and Consent?โ
The Constitution provides that presidents nominate officers and make treaties. But nominations and treaties become effective only โby and with the Advice and Consent of the Senate.โ Many have argued that the word โAdviceโ means the president must ask the Senate to...
Constitutionally the President Can’t Make “Executive Agreements” with Other Countries
Pres. Donald Trump and North Korean leader Kim Jong Un reached a preliminary agreement to “denuclearize the Korean peninsula” during a historic summit in Singapore. But pundits and talking heads have missed a crucial fact in the midst of all the analysis....
Executive Discretion and the Iran Deal
At The Cipher Brief, Robert Eatinger:ย Can Trump Legally Withdraw from the Iran Deal?ย Short answer: yes.ย On the constitutional aspects: The JCPOA [Joint Comprehensive Plan of Action, i.e., the Iran deal] cannot constitute a treaty of the United States because it has...