- Trump administration said in 2020 that he could leave treaties
- Congress passed law in 2023 barring unilateral NATO withdrawal
- No NATO member has ever withdrawn from the 77-year-old alliance
- As senator, Rubio helped lead effort to prevent unilateral withdrawal
WHAT DOES U.S. LAW SAY? In 2023, Congress passed, and then-President Joe Biden, a Democrat, signed into law, legislation barring any U.S. president from suspending, terminating, denouncing or withdrawing the United States from the treaty that established NATO unless the withdrawal is backed by a two-thirds majority in the 100-member Senate.
TL;DR; Per 2023 Congressional Law, not without a 2/3 US Congressional majority (and with a one year notice to NATO). But, experts said this lack of commitment, rather than any law, was the key point.


Ehhhh…I don’t know if I’d call that authoritative.
So, first of all — quite surprisingly to me, when I first learned about it, the question of whether a President may withdraw from a treaty on his own, without going to Congress, is an open question in American constitutional law. It seems like something so important that we’d have ironed it out, but the Constitution never explicitly laid out the terms, and it’s never been specifically answered by the Supreme Court.
The only time SCOTUS addressed this was in Goldwater v. Carter, and there they ruled on a technicality rather than addressing the core question of the President’s powers relative to those of Congress.
As an interesting note, the UK also had this — as this was also an open question in the British political system — come up quite recently surrounding Brexit, in R(Miller) v Secretary of State for Exiting the European Union. There, courts decided that the Prime Minister had to go to Parliament, couldn’t unilaterally withdraw from the European Union.
But, getting back to the US, a federal law doesn’t address the issue of whether it might be the case that the President can do this regardless of the wishes of Congress. SCOTUS has also found that there are some hard walls separating powers of different branches of the US government, and especially when it comes to foreign affairs, been deferential to the Executive Branch relative to the Legislative Branch. The presidential authority to act in foreign affairs was found to be not dependent upon Congress’s granting him the ability to make use of it. It might be that the President could successfully challenge a law preventing him from withdrawing from NATO without additional Congressional approval as being unconstitutional.
https://en.wikipedia.org/wiki/United_States_v._Curtiss-Wright_Export_Corp.
I guess lots of the world have similar situations with different laws. Generally, when those are written no one really asked what if president/minister/whoever is bat shit crazy demented old guy and should the law have guardrails for that.
Tnx for shedding some light on these rulings. For sure, he’s been pushing the common usage of his executive powers especially this year. It’s his brand and like always every person fulfilling a certain role ( like being President) does this in his own way.
Apart from his power to bend his executive Powers and the common practices amongst most President, there is also such a thing as the “Spirit of the Law”. So like all things in the world it can be used to do good or bad depending on how it’s used. The same goes for " the Law ", some poeple abuse it some use to do good. At least, that’s how I see it.