Can Trump end NAFTA on his own?

[RealDave]

Cars will cost thousands of dollars move, not just a measly $4.

No they won't...you're conflating steel prices under current tariffs which will be eliminated with a new NAFTA. We've already more than made up for trans-shipped Chinese steel using domestic makers who will compete with each other same as they did before we got sold out by our globalists.

I read nothing about this new agreement with Mexico ending steel tariffs.

I have news for you Trumpettes.

We live in a GLOBAL economy.

You fucking idiots want to corner the market with 325 million people while alienating a 6 billion global market place.

How fucking stupid is that?

 

[RealDave]

Wiki works....

After much consideration and emotional discussion, the US House of Representatives passed the North American Free Trade Agreement Implementation Act on November 17, 1993, 234–200. The agreement's supporters included 132 Republicans and 102 Democrats. The bill passed the Senate on November 20, 1993, 61–38.[21] Senate supporters were 34 Republicans and 27 Democrats. Clinton signed it into law on December 8, 1993; the agreement went into effect on January 1, 1994.[22][23]


To answer your question, per the Constitution, the Executive can undo acts of past Executives, and the Legislators can undo acts of past Legislators. But the Executive cannot undo past legislation.

Hope that helps.

WRONG...see my post above.

Treaty Clause - Wikipedia

Still in limbo

No it isn't....If you come here to learn something once in awhile, why not admit you learned something?

Who will learn anything from a dumbass like you? Have you been right about anything?

 

[Tehon]

Since arguments can be made for both sides on whether Trump has sole power to end NAFTA, I see that as something for the Supreme Court to decide - if and when it comes about. Sure can imagine the many lawsuits with most of our states exporting goods to Canada more than any other country.

The Supremes already decided the President has the authority. The 1974 Trade Act gives the President ultimate authority to declare any treaty that affects our national security (the authority he's using to raise tariffs) null and void after Congress is notified. When Carter unilaterally ended our treaty to protect Taiwan, Barry Goldwater challenged his decision and got an injunction. The USSC threw it out by concluding it was a political treaty and Congress had no jurisdiction over Executive branch decisions. And SURPRISE! Congress never ratified the NAFTA text...see below:

Moreover, termination of NAFTA would not, by itself, change the implementing legislation, H.R. 3450, the North American Free Trade Agreement Implementation Act. NAFTA is an agreement between three sovereign powers, enforceable in international law, but with no effect in US domestic courts. Congress did not ratify the NAFTA text; it ratified H.R. 3450. That’s what matters domestically. If President Trump terminates NAFTA under Article 2205, he would not, by that action, change a word in the implementing legislation. Because invoking Article 2205 would have no effect on H.R. 3450, and because the implementing legislation says nothing about congressional assent, the Supreme Court would very likely reach the same conclusion as in Goldwater v. Carter: It would uphold President Trump’s notice of withdrawal.[2]


Can Trump Terminate NAFTA?

Congress ratified NAFTA.

SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE NORTH AMERICAN FREE
TRADE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative Action.--
Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of
1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19
U.S.C. 2191), the Congress approves--
(1) the North American Free Trade Agreement entered into on
December 17, 1992, with the Governments of Canada and Mexico and
submitted to the Congress on November 4, 1993;

 

[Tehon]

NAFTA was negotiated & signed by George HW Bush.

It did not have the votes to be ratified although it was support by more Republicans than Democrats,

So the ideas of NAFTA were written into a bill & passed Congress & was signed into law.

A President can not just change the law unless it states so in that law.

So can Trump end NAFTA without Congressional approval?

Does Trump know this?

NAFTA was ratified by Congress.

There is nothing stopping Trump from negotiating a new agreement and having that ratified by Congress as well.

 

[my2¢]

Since arguments can be made for both sides on whether Trump has sole power to end NAFTA, I see that as something for the Supreme Court to decide - if and when it comes about. Sure can imagine the many lawsuits with most of our states exporting goods to Canada more than any other country.

The Supremes already decided the President has the authority. The 1974 Trade Act gives the President ultimate authority to declare any treaty that affects our national security (the authority he's using to raise tariffs) null and void after Congress is notified. When Carter unilaterally ended our treaty to protect Taiwan, Barry Goldwater challenged his decision and got an injunction. The USSC threw it out by concluding it was a political treaty and Congress had no jurisdiction over Executive branch decisions. And SURPRISE! Congress never ratified the NAFTA text...see below:

Moreover, termination of NAFTA would not, by itself, change the implementing legislation, H.R. 3450, the North American Free Trade Agreement Implementation Act. NAFTA is an agreement between three sovereign powers, enforceable in international law, but with no effect in US domestic courts. Congress did not ratify the NAFTA text; it ratified H.R. 3450. That’s what matters domestically. If President Trump terminates NAFTA under Article 2205, he would not, by that action, change a word in the implementing legislation. Because invoking Article 2205 would have no effect on H.R. 3450, and because the implementing legislation says nothing about congressional assent, the Supreme Court would very likely reach the same conclusion as in Goldwater v. Carter: It would uphold President Trump’s notice of withdrawal.[2]


Can Trump Terminate NAFTA?

According to the article you linked to the Supreme Court ruling concerning Carter and Taiwan, "In his concurring opinion, supported by several justices, Chief Justice William Rehnquist said the question was political, not subject to judicial review."

“There is no political necessity to keep Canada in the new NAFTA deal. If we don’t make a fair deal for the U.S. after decades of abuse, Canada will be out,” Trump said on Twitter.

Thus my only conclusion about Trump unilaterally ending NAFTA comes down to that idiom about opening up a can of worms.

 

[Meathead]

Of course he can, and he did.

No he didn't. He made anew agreement with Mexico that is not yet finalized that maintains most of NAFTA.

He has never ended NAFTA.

Use whatever brain cells you've got left and figure it out. If we have a new agreement, then we don't have NAFTA. We have a bi-lateral deal with Mexico.

 

[Care4all]

if the President is not following the law regarding fast track, which I DO NOT believe he is.... then Congress can strip him, of the power THEY GAVE HIM, that is constitutionally congress's.

The Constitution gives Congress exclusive authority to set tariffs and enact other legislation governing international trade. The President has the Constitutional authority to negotiate international agreements. If the President negotiates a trade agreement that requires changes in U.S. tariffs or in other domestic laws, that trade agreement's implementing legislationmust be submitted to Congress -- or the President must have Congress' advance approval of such changes.
Fast track is an expedited procedure for Congressional consideration of trade agreements. It requires Congress to vote on an agreement without reopening any of its provisions, while retaining the ultimate power of voting it up or down. The three essential features of any fast track authority are:

(1) extensive consultations and coordination with Congress throughout the process;

(2) a vote on implementing legislation within a fixed period of time; and

(3) an up or down vote, with no amendments.
Ultimately, fast track gives the President credibility to negotiate tough trade deals, while ensuring Congress a central role before, during and after negotiations. The authority puts America in a strong position to negotiate major trade agreements and maintains a partnership between the President and Congress that has worked for more than 20 years.


What is Fast Track

 

[Supposn]

RealDave, regarding your question, "can Trump end NAFTA on his own?", the short answer is yes.

... The White House has supreme USA negotiating jurisdiction regarding all international negotiations.

Within all international trade agreements that the USA participates within, If agreement participants cannot reach agreement regarding modifications, there’s implied, if not always explicit provisions for participants at any time granting six months’ notice of their intention to withdraw from the agreement.

[President Carter alone exercised a treaty’s withdrawal clause. Senator Goldwater attempted a federal court challenge to the president’s unilateral action. (The U.S. Senate itself did not formally request the President’s act be reviewed by the Supreme Court). The Supreme Court declared it to be a political matter and declined to hear the case. Similarly, President George W. Bush unilaterally withdrew USA’s participation from an ABM Treaty]. ...

… USA’s adoption of the proposed unilateral trade policy described within Wikipedia’s “Import Certificate” policy require congressional acceptance because it requires modification of federal law. Import Certificate policy is to the advantage of any nation that would otherwise suffer annual trade deficits of goods. For a nation such as the USA, it would be superior to a pure free trade or a tariff trade policy. …

… Refer to Wikipedia's "Import certificates" article
and
the "Trade balance’s effects upon a nation's GDP" section within the "Balance of trade" article. ...

 

[RealDave]

Of course he can, and he did.

No he didn't. He made anew agreement with Mexico that is not yet finalized that maintains most of NAFTA.

He has never ended NAFTA.

Use whatever brain cells you've got left and figure it out. If we have a new agreement, then we don't have NAFTA. We have a bi-lateral deal with Mexico.

NAFTA is alive & well. It has not been ended.

The supposed"New" agreement is not yet finalized. It just made a couple of changes to NAFTA

 

[RealDave]

NAFTA was negotiated & signed by George HW Bush.

It did not have the votes to be ratified although it was support by more Republicans than Democrats,

So the ideas of NAFTA were written into a bill & passed Congress & was signed into law.

A President can not just change the law unless it states so in that law.

So can Trump end NAFTA without Congressional approval?

Does Trump know this?

NAFTA was ratified by Congress.

There is nothing stopping Trump from negotiating a new agreement and having that ratified by Congress as well.

NAFTA WAS NOT RATIFIED BY CONGRESS.

 

[Tehon]

NAFTA was negotiated & signed by George HW Bush.

It did not have the votes to be ratified although it was support by more Republicans than Democrats,

So the ideas of NAFTA were written into a bill & passed Congress & was signed into law.

A President can not just change the law unless it states so in that law.

So can Trump end NAFTA without Congressional approval?

Does Trump know this?

NAFTA was ratified by Congress.

There is nothing stopping Trump from negotiating a new agreement and having that ratified by Congress as well.

NAFTA WAS NOT RATIFIED BY CONGRESS.

Of course it was.

North American Free Trade Agreement Implementation Act - Title I: Approval of, and General Provisions Relating to, the North American Free Trade Agreement - Declares that the Congress, pursuant to the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974, approves: (1) the North American Free Trade Agreement (NAFTA) entered into on December 17, 1992, with Canada and Mexico and submitted to it on November 4, 1993; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to it on November 4, 1993. Sets forth conditions for entry into force of NAFTA.
H.R.3450 - 103rd Congress (1993-1994): North American Free Trade Agreement Implementation Act

 

[RealDave]

NAFTA was negotiated & signed by George HW Bush.

It did not have the votes to be ratified although it was support by more Republicans than Democrats,

So the ideas of NAFTA were written into a bill & passed Congress & was signed into law.

A President can not just change the law unless it states so in that law.

So can Trump end NAFTA without Congressional approval?

Does Trump know this?

NAFTA was ratified by Congress.

There is nothing stopping Trump from negotiating a new agreement and having that ratified by Congress as well.

NAFTA WAS NOT RATIFIED BY CONGRESS.

Of course it was.

North American Free Trade Agreement Implementation Act - Title I: Approval of, and General Provisions Relating to, the North American Free Trade Agreement - Declares that the Congress, pursuant to the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974, approves: (1) the North American Free Trade Agreement (NAFTA) entered into on December 17, 1992, with Canada and Mexico and submitted to it on November 4, 1993; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to it on November 4, 1993. Sets forth conditions for entry into force of NAFTA.
H.R.3450 - 103rd Congress (1993-1994): North American Free Trade Agreement Implementation Act

Ratification failed.

Congress wrote a bill that included the NAFTA agreements & it was passed. Not ratified.

 

[Tehon]

NAFTA was negotiated & signed by George HW Bush.

It did not have the votes to be ratified although it was support by more Republicans than Democrats,

So the ideas of NAFTA were written into a bill & passed Congress & was signed into law.

A President can not just change the law unless it states so in that law.

So can Trump end NAFTA without Congressional approval?

Does Trump know this?

NAFTA was ratified by Congress.

There is nothing stopping Trump from negotiating a new agreement and having that ratified by Congress as well.

NAFTA WAS NOT RATIFIED BY CONGRESS.

Of course it was.

North American Free Trade Agreement Implementation Act - Title I: Approval of, and General Provisions Relating to, the North American Free Trade Agreement - Declares that the Congress, pursuant to the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974, approves: (1) the North American Free Trade Agreement (NAFTA) entered into on December 17, 1992, with Canada and Mexico and submitted to it on November 4, 1993; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to it on November 4, 1993. Sets forth conditions for entry into force of NAFTA.
H.R.3450 - 103rd Congress (1993-1994): North American Free Trade Agreement Implementation Act

Ratification failed.

Congress wrote a bill that included the NAFTA agreements & it was passed. Not ratified.

Ratification failed?

Can you provide a link for this assertion? When did it happen? What was the vote tally?

 

[Tehon]

Congress wrote a bill that included the NAFTA agreements & it was passed. Not ratified.

The NAFTA implementation legislation approved (ratified) the NAFTA treaty and established the legal framework for amending US law to conform with the treaty.

 

[Thinker101]

NAFTA was negotiated & signed by George HW Bush.

It did not have the votes to be ratified although it was support by more Republicans than Democrats,

So the ideas of NAFTA were written into a bill & passed Congress & was signed into law.

A President can not just change the law unless it states so in that law.

So can Trump end NAFTA without Congressional approval?

Does Trump know this?

NAFTA was signed by Bill Clinton....dumbass.

NAFTA is the treaty signed by George HW Bush you stupid fuck.

NAFTA was negotiated by Bush and implemented by Clinton....dumbass.
Trump wants to renegotiate NAFTA — here's what you need to know

 

[Rambunctious]

Wow, you are a dumbass & people were actually dumb enough to agree with you

You got it wrong jackass...it was Clinton that gave us NAFTA not W.....so now you are trying to hide in plain sight?.....I think you are the CNN watching uninformed dumb ass.... why not just admit you made a mistake?....will it hurt your snowflake ego too much to admit you were wrong....jeeeze a simple internet search would have been a good thing for you to do before you posted....you little snowbound flakes crack me up...Buuuuuuaaaaahahahahaha