“It will be a treaty when it passes the US Senate. “
Sadly we live in the post Constitutional era. Since 1945 our nation has gone to war a number of times without a Constitutional declaration. January 6 protestors were arrested, denied due process. and incarcerated for years without trials. On this forum, within the last week a respondent to one of my posts insisted the 1994 agreement between the US, Great Britain and Ukraine is a “treaty” obligating the US to defend Ukraine, even though it never passed the Senate.
Most politicians are attorneys and our laws schools have been teaching the living Constitution, not the meaning of the framers, since the middle of the last century. The Constitution today means what whoever wields power says in means.
There are print plenty of Ukraine fans who like to pretend it’s a treaty. But it isn’t. They tried the same argument with the Paris climate treaty. Trump pulled out of it, and the courts did not stop it. If it’s not ratified by the Senate, it’s nothing more than a agreement with that one president who sets policy basically by an executive order. But it does not become part of the constitution the way a treaty elevates after Senate confirmation. The next president can abrogate it.
There are print plenty of Ukraine fans who like to pretend it’s a treaty. But it isn’t. They tried the same argument with the Paris climate treaty. Trump pulled out of it, and the courts did not stop it. If it’s not ratified by the Senate, it’s nothing more than a agreement with that one president who sets policy basically by an executive order. But it does not become part of the constitution the way a treaty elevates after Senate confirmation. The next president can abrogate it.