Withdrawal from the ABM Treaty: Legal Considerations (CRS Report for Congress)
| Release Date |
Dec. 31, 2002 |
| Report Number |
RS21088 |
| Report Type |
Report |
| Authors |
David M. Ackerman, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
On December 13, 2001, President Bush gave formal notice to Russia, Belarus, Kazakhstan, and
the
Ukraine that the United States was withdrawing from the Anti-Ballistic Missile Treaty because of
the constraints it imposes on the testing of missile defense systems; and six months later, on June
13, 2002, the treaty effectively terminated. The ABM Treaty has been in force since 1972. Pertinent
legal questions that have been raised about U.S. withdrawal concern whether the treaty allows it; if
so, the procedure to be followed; and, finally, the constitutionality of the President doing so
unilaterally without the involvement of the Senate or Congress. This report briefly discusses these
issues, as well as the recent federal district court decision in Kucinich v. Bush
dismissing a suit by
32 members of the House challenging the constitutionality of the President's action. This report will
be updated as events warrant.
