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Treaty Termination and Constitutional Change
Social Science Research Network
The termination of U.S. treaties provides an especially rich example of how governmental practices can provide a "gloss" on the Constitution's separation of powers. The authority to terminate treaties is not addressed specifically in the constitutional text and instead has been worked out over time through political-branch practice. This practice, moreover, has developed largely without judicial review. Despite these features, Congress and the President-and the lawyers who advise them-havedoi:10.2139/ssrn.2308004 fatcat:f2cnrj3sivhx7guyakc3u5vqae