The Art of Breaking the Deal

The main question I to achieve its trade objectives as regards NAFTA, examine here is whether the president can trigger the governments of Canada and Mexico should a withdrawal of the United States from NAFTA regard the US threat of withdrawal as a possibility without the concurrence of Congress. [...] The governments of Canada and Mexico should examine the scope of each of these powers and the 1. Can the President degree to which the application of each is subject to Unilater ally Withdr aw the US constraint by the US Congress or by the US Courts, from NAFTA? [...] The Commerce Clause in Article I, by the Peterson Institute under the title Assessing Section 8 confers upon Congress the power “To Trade Agendas in the US Presidential Campaign1 (the regulate Commerce with foreign Nations, and “Peterson study”), the Peterson Institute’s Gary among the several States, and with the Indian Clyde Hufbauer states that the president could tribes.” Further, the Treaty C [...] The Economist magazine the president the “Power, by and with the Advice has picked up this conclusion with the statement: and Consent of the Senate, to make Treaties, “He [President Trump] could use the President’s provided two thirds of the Senators present concur.” prerogative over foreign affairs to withdraw from In summary, both the Commerce Clause and the the North American Free Trade Agreeme [...] If a Party Office of the United States Trade Representative withdraws, the Agreement shall remain in force for (“USTR”) and are signed by the president, but the remaining Parties.” must be approved by Congress and implemented In the case of the United States, the “Party” is through implementing legislation enacted by the US government.