She's been SOS before, and knows how to handle a phone call like that. First thing is, you don't take it officially, second, you don't refer to her as president in a tweet, because the US has a one China policy that doesn't officially recognize the government of Taiwan.
USED to have a "one China policy"....PRC bombers were bluff-circling Taiwan when she made that call. They got the message from Trump not to fuck with Taiwan, and he ain't bluffing.
Changing our foreign policy with another country isn't done by circling bombers, it's done by Congress.
Actually, that's not true .... Congress doesn't set foreign policy. It CAN influence it (by the power of the purse in the House - or treaty review by the Senate), but the final determination of policy lies with the executive branch.
No wonder you're confused.
Actually, I'm not. Here ya go..................
Law
Main articles:
Treaty and
Treaty Clause
In the United States, there are three types of treaty-related law:
- Executive agreements
- Congressional-executive agreements are made by the president and Congress. A majority of both houses makes it binding much like regular legislation after it is signed by the president. The constitution does not expressly state that these agreements are allowed, and constitutional scholars such as Laurence Tribe think they are unconstitutional.[12]
- Sole executive agreements are made by the president alone.
- Treaties are formal written agreements specified by the Treaty Clause of the Constitution. The president makes a treaty with foreign powers, but then the proposed treaty must be ratified by a two-thirds vote in the Senate. For example, President Wilson proposed the Treaty of Versailles after World War I after consulting with allied powers, but this treaty was rejected by the U.S. Senate; as a result, the U.S. subsequently made separate agreements with different nations. While most international law has a broader interpretation of the term treaty, the U.S. sense of the term is more restricted. In Missouri v. Holland, the Supreme Court ruled that the power to make treaties under the U.S. Constitution is a power separate from the other enumerated powers of the federal government, and hence the federal government can use treaties to legislate in areas which would otherwise fall within the exclusive authority of the states.
International law in most nations considers all three of the above agreements as
treaties. In most nations, treaty laws supersede domestic law. So if there is a conflict between a treaty obligation and a domestic law, then the treaty usually prevails.[
citation needed]
In contrast to most other nations, the United States considers the three types of agreements as distinct. Further, the United States incorporates treaty law into the body of U.S. federal law. As a result,
Congress can modify or repeal treaties afterwards. It can overrule an agreed-upon treaty obligation even if this is seen as a violation of the treaty under international law. Several U.S. court rulings confirmed this understanding, including the 1900
Supreme Court decision in
Paquete Habana, a late 1950s decision in
Reid v. Covert, and a lower court ruling in 1986 in
Garcia-Mir v. Meese. Further, the Supreme Court has declared itself as having the power to rule a treaty as void by declaring it "unconstitutional", although as of 2011, it has never exercised this power.[
citation needed]
The
State Department has taken the position that the
Vienna Convention on the Law of Treaties represents established law. Generally when the U.S. signs a treaty, it is binding. However, because of the
Reid v. Covert decision, the U.S. adds a
reservation to the text of every treaty that says, in effect, that the U.S. intends to abide by the treaty, but if the treaty is found to be in violation of the
Constitution, then the U.S. legally can't abide by the treaty since the U.S. signature would be
ultra vires.
International agreements
The United States has ratified and participates in many other multilateral treaties, including
arms control treaties (especially with the Soviet Union), human rights treaties,
environmental protocols, and
free trade agreements.
Further information:
List of United States treaties
Foreign policy of the United States - Wikipedia
It takes both the president and Congress, or if the president negotiates a treaty it has to be ratified by 2/3 of the Senate.