Sec. 4. Sense of Congress
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It is the sense of Congress that— the President should refrain from taking any action to withdraw or terminate any covered international agreement without proper consultation with, and affirmative approval from, Congress; the 1979 Supreme Court decision in Goldwater v. Carter, 444 U.S. 996 (1979), is not controlling legal precedent with respect to the role of Congress in the withdrawal or termination of the United States from an international treaty, as the Court directed the lower court to dismiss the complaint and did not address the constitutionality of the decision by President Carter to terminate the Mutual Defense Treaty between the United States of America and the Republic of China, signed at Washington December 2, 1954 (commonly referred to as the Sino-American Mutual Defense Treaty ); the United States should take every action to reinforce its global reputation as a country that fully complies with its obligations under the international treaties to which it is a party; and although Congress authorized the President to accept membership for the United States to the World Health Organization in 1948 through the Joint Resolution entitled Joint Resolution providing for membership and participation by the United States in the World Health Organization and authorizing an appropriation therefor , approved June 14, 1948 ( 22 U.S.C. 290 et seq.), that Resolution did not address whether affirmative approval by both Houses of Congress may be required for a United States withdrawal from the Constitution of the World Health Organization to take effect.
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- 444 U.S. 996
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