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07/20/2025

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LAWIN.news

US NATO Withdrawals Legal Complexities

by Mae De Vera, LAWIN.news December 16, 2024
written by Mae De Vera, LAWIN.news December 16, 2024
Former President and Republican presidential candidate Donald Trump attends a town hall meeting in Cumming, Georgia, Oct. 15, 2024. Elijah Nouvelage/AFP via Getty Images
252

The renewed discussion about the U.S. potentially withdrawing from NATO raises questions on whether a president can unilaterally decide via executive order, a topic former President Trump highlighted, but any such withdrawal would necessitate congressional approval.

The legal framework surrounding the U.S.’s membership in NATO ties closely to federal law, which prohibits a president from making such a decision independently. In recent years, Congress passed legislation to ensure that any decision to withdraw from the treaty would necessitate either a two-thirds vote in the Senate or an explicit authorization through an act of Congress. This legislative effort aimed to prevent any hasty or unilateral decisions that could alter the nation’s longstanding alliances.

Concerns about the U.S.’s commitment to NATO have arisen in several instances, especially during Trump’s presidency. He frequently criticized NATO members for not meeting their defense spending obligations, arguing that the U.S. shoulders an unfair financial burden. Trump’s rhetoric stirred fears among allies about the potential weakening of the alliance, especially given the strategic importance of NATO in deterring threats, particularly from Russia.

Former advisors to Trump have claimed that he considered the possibility of withdrawing from NATO, particularly if he had won a second term. Such statements have heightened anxieties among European allies, who rely on NATO as a cornerstone of their defense policies. These allies have been navigating the implications of such a move and assessing how it might impact their security landscape.

In response to the discussions about NATO’s future, Congress has taken steps to reaffirm the U.S.’s commitment to the alliance. The legislative branch has expressed its dedication to maintaining the partnerships built over decades. Many lawmakers have underscored the importance of NATO in preserving global security and stability.

Despite these legislative measures, questions remain about how such laws could be enforced. Legal scholars debate the extent to which a president could bypass these restrictions, given executive powers in foreign policy matters. However, the consensus points towards a requirement for legislative involvement in any decision of this magnitude.

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Mae De Vera, LAWIN.news

Mae De Vera is a passionate advocate, creative professional, and entrepreneur. A graduate of Political Science from Saint Louis University and a law student of Arellano University, Mae is dedicated to empowering marginalized communities through outreach programs and advocacy. With a background in digital artwork, event flyer design, ESL teaching, and business management, Mae brings a versatile skill set to her endeavors. She also embraces her love for nature through farming, integrating sustainability into her life. Mae’s leadership experience as a consistent school student leader reflects her commitment to making a difference. Today, she combines her creativity, advocacy, and entrepreneurial spirit to create impactful stories and initiatives that inspire change. Disclaimer: The views and beliefs expressed by the author do not necessarily represent those of LAWIN.news, its management, editorial board, or staff.

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