Like a Monarch, Trump Has Seized the Power to Make Treaties

US President Donald Trump has focused governmental authority in his hands since the beginning of his second term. Many have written about his individual judgment by executive order, his appointments on the basis of personal loyalty, and his anger at the judges who unite him. But the American audience should be of the same level of Trump’s allocation of international treaties.

Important foreign treaties are usually ratified after the majority voted two -thirds of the US Senate or the majority vote in the congressional councils. When the president behaves alone, these treaties usually involve simple matters and are called “the only executive agreements”. Historically, all major treaties – such as those that created the United Nations, the World Bank and NATO, but also the treaties that reduced definitions, and human rights secure, have allowed the delivery of dangerous criminals – some forms of approval of Congress. Congress also rejected the approval of the treaties he found, such as the Treaty of Versailles, the Treaty of the Comprehensive Nuclear Tests, and the Convention on the Rights of Persons with Disabilities.

US President Donald Trump has focused governmental authority in his hands since the beginning of his second term. Many have written about his individual rule by Executive orderIts dates on the basis Personal loyaltyAnd for him anger In the judges who challenge him. But the American audience should be of the same level of Trump’s allocation of international treaties.

Large foreign treaties It is usually ratified After a two -thirds majority of the US Senate or the majority voted in the congressional councils. When the president behaves alone, these treaties usually have simple things The name “The only executive agreements.” Historically, All major treatiesLike those that created the United Nations, the World Bank and NATO, but also the treaties that reduced the customs tariff, achieved human rights, and allowed the surrender of dangerous criminals – some forms of approval of Congress. As well -known Congress Refuse For the treaties that the desire found, such as the Versailles Treaty, the Treaty of the Comprehensive Nuclear Test, and the Convention on the Rights of Persons with Disabilities.

Today, we are witnessing the death of this entire we Treaty system. Trump was not shy about deals with foreign countries, but he did not do Present Any treaties of the Senate or Congress for approval. Instead, he acted as if the treaties were only the excellence of the executive branch, and it is taken personally The lead center In closing agreements, such as those Ukraine on critical metal resources. permission more from A Dozens of international agreements in the first six months, the most prominent of which are the so -called commercial deals, and follow dozens. Some of these are not binding at all, such as the political arrangement on strategic civil cooperation With Salvador. It is generally not controversial for President to Get rid of non -binding agreements without the approval of Congress. But it seems that the rest of the Trump agreements depend on the high allegations of the presidential authority to qualify them as one executive agreements.

You will not find any other president in our history allocated international treaties by Congress that avoids this way. But there is definitely a precedent for the Trump approach: Middle Ages.

At that time, kings and queens concluded regularly Personal treaties. Emer de VATTEL – legal and diplomat was 1758, Nations lawI read widely from the Paramees of the United States Constitution – after the historical difference between the personal treaties made by the king (which ended with their death) and a “real” treaty “attached to the state’s body, and lived as long as the state.” With the emergence of the modern international legal system in Europe in the sixteenth and seventeenth century, sovereign countries began to turn into kings as dominant legal representatives. In this new legal era, which is still standing today, leaders and parliaments now agree to all treaties such as Just agents From their countries, which are legally linked – as executive presidents are signing contracts on behalf of companies without provoking their personal responsibility.

The transition from a personal person to a sovereign concept of treaties was very important, because it linked the international nation’s ability to ratify treaties of the requirements of its legal system. If the national constitution requires legislative approval, the countries that have kings as a head of state need to obtain this approval. In fact, the modern law of the treaties states that the nation’s approval may be canceled if it is clearly violated its law to express this approval.

Consequently, the exclusion of Congress from making treaties is outside the step with modern international law and opens a legal way to empty any Trump-in addition to being undemocratic and unconstitutional. It is also dangerous for several reasons. The first is the lack of transparency. President Woodro Wilson He called the famous Countries must end the secret treaties, later suggest It was approved in international law. History suffers from harmful violations of this rule, such as the secret part of 1939 Soviet Nazis An agreement that divided Eastern Europe between them and stopped World War II. Today, a similar secret surrounds Trump Supposed commercial deals, Including texts Not It is announced. Japan and South Korea Ownership both of them Disputed The administration’s descriptions of its dealings or refused to have a final agreement at all. The American people have no idea of ​​Trump’s obligations in their name.

Playing quickly and loose like this, Trump administration deals from the country may require money and power to spend On his individual From the US House of Representatives. Summit with Russian President Vladimir Putin Suggest Results that could be more clear: What if Trump made the United States a guarantor of the Russian peace treaty Ukraine, which recognizes the invasions of Russia? Any agreement is possible It violates international lawAllow Ukraine Reject The treaty at any time. What if Putin told Trump that Ukraine has ended, whether it is true or not? Will the United States then have to help Russia militarily, a practice? Warfare Constitutional common between the president and the Congress?

Trump’s personal agreements may also contradict the treaties previously approved by Congress. For example, the White House negotiates commercial deals with Canada, Mexico and South Korea, three of 20 countries With the United States, it already has the free trade agreements previously approved by both Congress Magazine. The only executive agreements can effectively replace these previous agreements – another maneuver of the questionable constitutionality.

Finally, the secret personal agreements can make the courts be impossible to accomplish their constitutional role, for example in protecting the rights of individuals. the ranking It concluded with El Salvador in March, according to which the administration transferred hundreds of foreign citizens to the reputable Cecot prison, appears secret until the end of May. Members of Congress The lawyers demanded the deportees to see it before that, but the administration rejected these requests. The inability to review the agreement placed the American courts in the impossible position of determining whether the United States has legal reasons to demand the re -Selam Abro Garcia, which was misinterpreted. (As it turned out, Trump made a non -binding political commitment that does not give any legal authority to any request to restore the two departments. Finally, the Supreme Court I command Management “to facilitate” his return.)

In an inappropriate case, the administration deportes some immigrants to Ghana, which is expected to send them in turn to third countries. When the judge, the lawyer of the Ministry of Justice asks him documented The United States did not have an agreement with Ghana to facilitate transfers. However, the Ghanaian Foreign Minister stated in a public speech that there is already an agreement that was reviewed by the Council of Ministers and the public lawyer in Ghana. Since the Trump administration has not sent Congress treaties to agree to and delay its reports to the agreed text, the judge has no independent means to determine who believes.

In 1788, Alexander Hamilton explained in one Federal papers The United States constitution did not completely represent the representation of the treaty to the executive authority or the legislative body. By doing this, he stressed the break of the old model of the absolute royal authority: “No matter how appropriate or safe, this may be in governments where the executive judge is a hereditary king, for his entire commitment to making treaties, it will be completely unsafe and not correct for this authority to be present in an optional judge for four years.” In other words, a break from the British monarchy led to the adherence to the authority to make the treaty in the president and the Congress jointly, not in one man. It is also not a force that will pass through some of the royal caliphate of Trump’s family successors.

Ideally, the Congress will take Hamilton to the heart and ask to restore the roles of making the treaty. We are not facing any illusion that the current Congress will face the president based on the treaty policy. However, Americans must resist the sub -legislative authority (or in this case, not to exercise that authority) into a dedicated political movement. Legislators who are interested in the integrity of American foreign relations can start insisting that Trump Follow the law Providing the full text for all American treaties and important political obligations. Depending on what these texts show, members can urge the financing restrictions that have not been submitted for approval, especially those that do not contradict previous American treaties. If Congress does not reaffirm its constitutional powers soon, America may slip into a royal concept of treaties, with all our new international obligations and obligations dictated by the president’s whims.