June 12, 2002 - Washington Post
by Neely Tucker
Thirty-one members of Congress sued the Bush administration in federal court
yesterday, charging that President Bush violated the Constitution when he
decided earlier this year to drop a 30-year-old nuclear weapons pact with
Russia. The 12-page lawsuit asks a federal judge to order President Bush to
stop plans for the U.S. withdrawal from the 1972 Anti-Ballistic Missile
Treaty with Russia, which is scheduled to take effect tomorrow. The suit
follows last week's unsuccessful attempt by Democrats in Congress who wanted
to challenge the Bush decision through legislation. That plan failed in the
House, 254-169.
In December, Bush gave Russia notice that he wanted to pull out of the
treaty, saying he wanted the United States to be free to respond to nuclear
threats from terrorists or rogue nations. The treaty requires six months'
notice for any party to withdraw.
Rep. Dennis J. Kucinich (D-Ohio), who led the House attempt to overturn
Bush's decision, said yesterday the Constitution requires the president to
obtain congressional approval before ending international treaties. "The
president can't pick and choose the laws he wants to repeal," Kucinich said
yesterday. "We are taking this step to protect the right of Congress to take
part in the lawmaking process."
Anne Womack, a White House spokeswoman, said administration officials had
yet to see the suit and declined comment. There is little constitutional
case law on the role of the House or Senate in concluding treaties, but a
1979 U.S. Supreme Court case might provide the administration with
precedent.
Sen. Barry Goldwater (R-Ariz.) sued President Jimmy Carter for his
unilateral decision to end the Mutual Defense Treaty with Taiwan. A divided
Supreme Court ruled that the president had the constitutional power to end a
treaty, and Carter's decision was upheld. "Given the Goldwater decision, I
wouldn't expect that suit to get very far," said Mark Tushnet, a professor
of constitutional law at Georgetown University Law Center.
Reprinted under the Fair Use doctrine of international copyright
law ( http://www4.law.cornell.edu/uscode/17/107.html ). All
copyrights belong to original publisher.
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