This Halloween, Undead (Treaties) Haunt the Halls of the Senate

Ted Bromund / October 29, 2010

No, the undead aren’t Senators worried about the outcome of next Tuesday’s election. Nor are they the bodies of the departed, reanimated to feast upon the living. Citizens in the U.S. Capitol aren’t in any danger —well, no more danger than usual, anyhow—of having their brains sucked out and devoured. Rather, the undead in this case are treaties signed by Presidents past, treaties that are dead but yet still alive. Call them zombie treaties.

In order for a treaty to have domestic effect as law in the United States, they have to—in most cases—go through three steps. First, the President has to negotiate and sign the treaty.  Second, the Senate has to give its advice and consent to the treaty (commonly known as ‘ratifying’ it). And third, usually, the House and Senate have to pass implementing legislation that makes the necessary alterations and additions to existing U.S. law. Zombie treaties are treaties that received presidential signature years ago, but have not gained the advice and consent of the Senate. (more…)