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Show dent to consult with Congress Con-gress before any action is taken regarding the recognition recog-nition of mainland China," Garn said. "He is acting in violation of historical precedent set as far back asl798 in terminating this treaty.'' The Utah Republican referred re-ferred to a study published by The Heritage Foundation which notes that theframers of the Constitution expressly intended Congress to have a direct role in the termination of any treaty. "Merely saying that the treaty provides for termination termi-nation does not add to the Oarn-Goldujafcr file soif over treaty V. Senator Jake Garn (R-Utah) has joined Senator Barry Goldwater fR-Ariz) as a co-plaintiff in a lawsuit law-suit against President Carter's Car-ter's "unconstitutional termination ter-mination of the 10G4 Mutual Defense Treaty with Taiwan." Tai-wan." "Carter has blatantly ignored ig-nored the intent of the Senate, Sen-ate, which earlier this year passed the Done -Stone resolution, reso-lution, requiring the Presi- President's power," Garn stated. "The treaty was made between two parties, one of which included the President and the Senate. The provision in Article 10 allows termination between the two parties, but the President alone cannot qualify as a party. "Additionally, this provision pro-vision for termination is included in-cluded in the NATO treaty, the Nuclear Non-Proliferation treaty, the Test Ban treaty, as well as virtually every treaty the U.S. has with a foreign government," Garn explained. "Yet no one is claiming 'that the President has the right to end these treaties without congressional approval." The lawsuit will be brought In the FederalCourts, asking that a declaratory judgment be made against the action taken by Carter. ' "If this judgment is made, the President Presi-dent will then be bound by any action Congress may take regarding this treaty," he said. Garn emphasized that he recognized the reality of the U.S. -Sino situation, as does the majority of the American people. "However, lam concerned con-cerned for the nation of Taiwan, Tai-wan, which has based it very future on the moral commitment commit-ment of our nation," he added. "President Carter has clearly ignored our obligation ob-ligation to that country. Taiwan Tai-wan is dependent upon us for economic progress and national security. |