Power to Terminate U.S. Trade Agreements: The Presidential Dormant Commerce Clause Versus an Historical Gloss Half Empty

" Termination of a trade agreement is comparable to termination of an entire area of statutory action. [...]allocation of the power to terminate trade agreements to the President, acting alone, would be inconsistent with the substance of the Constitution's allocation to Congress of control over both international and domestic commerce under the Commerce Clause of the Constitution. Assuming that globalization increases, and that trade agreements grow in importance to U.S. public policy, the issue of termination of trade agreements will grow in importance. [...]there is uniform evidence from relevant implementing legislation that Congress, delegating other authority to the President to operate trade agreements, and aware of the question of termination authority, clearly determined not to accord termination authority to the President. [...]as noted above, this group of treaties represents a limited sample, and one that ended with treaties entered in 1984. [...]I have also reviewed some of the treaties identified by Professor Bradley in his 2014 article to evaluate whether these, when added to the sample evaluated above, suggest sufficient practice to influence interpretation of the Constitution to the effect that the President has the independent authority to terminate trade treaties. [...]if a court found that Congress has delegated authority to terminate to the President, then the question of the constitutionality of delegation, as in 'Clinton v. City of New York', is similarly familiar, and capable of judicial determination.