President Biden could rejoin the United States to the Open Skies Treaty in reliance on the Senate’s original resolution of advice and consent.
Jean Galbraith is a Professor of Law at the University of Pennsylvania. Her research focuses on U.S. foreign relations law and public international law. She received her B.A. summa cum laude from Harvard University and her J.D. from the University of California, Berkeley. Before becoming an academic, she was a law clerk for Judge David Tatel on the D.C. Circuit and Justice John Paul Stevens on the U.S. Supreme Court, and at the International Criminal Tribunal for the former Yugoslavia (for Judge Meron).
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The executive branch has several ways of asserting exclusive presidential powers. Presidential signing statements, memoranda from the Office of Legal Counsel (OLC), legal briefs—these are well-studied tools of executive claims-staking. The use of these tools in the Trump administration has received plenty of coverage on this blog and others.