American Government - 1/14/26

Overview of Constitutional Principles Regarding Treaties

  • Article Two of the U.S. Constitution

    • Governs the presidency

    • Grants the president the authority to negotiate and sign treaties

    • International Law Binding:

      • Once signed, treaties are binding under international law

    • American Law Binding:

      • Not binding under American law until ratified

  • Ratification of Treaties

    • Who Ratifies:

    • The U.S. Senate

    • Voting Requirement:

    • Treaty requires a two-thirds majority vote for ratification

    • Difficult to achieve under normal circumstances

  • Article Six of the U.S. Constitution

    • Contains the National Supremacy Clause

    • Treaties, once ratified, become part of the supreme law of the land

    • Actions violating treaties are both illegal and unconstitutional

    • Limitations on Reversal of Treaties:

    • Cannot be reversed by simple legislation or executive orders

  • Significance of oaths of allegiance

    • Mandatory Oath:

    • The President, Vice President, and all federal officials must swear an oath of allegiance to the U.S. Constitution

    • Applicability:

    • All members of Congress (Senate and House) must take the oath

    • Every military member, including the National Guard and reserves

    • Federal civil service personnel must also take the oath

    • State officials, including governors and state legislators, along with state judges, must take the oath

Judicial Review

  • Definition of Judicial Review:

    • The power of the Supreme Court (SCOTUS) to invalidate laws and executive actions that conflict with the Constitution or federal law

    • Can invalidate laws passed by Congress, actions by the executive branch, and state legislation

  • Historical Usage:

    • Over 1,300 state laws and 160 federal laws have been struck down via judicial review

    • Relatively few executive orders (about 14) have been struck down

Historical Context of U.S. Military Alliances

  • First U.S. Military Alliance (1778):

    • France:

    • Signed the Treaty of Alliance after the American victory at Saratoga

    • Important in achieving independence

    • Cancellation by Washington:

    • President George Washington canceled this treaty to avoid foreign entanglements

  • World Wars Context:

    • Pre-World War I:

    • No treaty alliances; reluctant to engage in European conflicts

    • Pre-World War II:

    • Continued isolationist policies; America First Movement gained traction

NATO Treaty (1949) and Article Five

  • NATO's Article Five:

    • Defines mutual defense; an attack on one NATO ally is considered an attack on all

    • Ratification:

    • Required a two-thirds Senate vote (more than four-fifths voted for ratification)

    • Invocation of Article Five:

    • Invoked only once following the September 11 attacks

    • All NATO allies deployed to Afghanistan in response

    • Over 1,000 NATO allied casualties in Afghanistan, including more than 2,400 U.S. troops

    • Denmark had the highest fatality rate relative to its population

Recent Diplomatic and Military Issues

  • U.S. Claims on Greenland:

    • President Trump's statement on acquiring Greenland for national security raised tensions

    • Denmark and Greenland firmly rejected these claims

  • Statements from European Leaders:

    • European leaders including Denmark, the UK, France, Germany, and Poland reaffirmed their stance on Greenland's sovereignty

  • Impact of NATO Alliances:

    • NATO's collective security agreements contribute to American defense; discussions on securing Greenland's coastline against Russian threats emphasized collaboration within NATO

American Economic and Military Engagement

  • LNG Production:

    • The U.S. is the leading producer and exporter of liquefied natural gas (LNG)

    • Historically, European dependency on Russian gas diminished drastically due to the U.S. exports

  • Military Equipment Purchases:

    • European NATO allies are purchasing advanced military equipment, such as F-22 and F-35 fighter jets, and Patriot missile systems

    • Rising defense expenditures showcase European commitment to security in light of geopolitical threats.