The NATO Standoff: Can a U.S. President Unilaterally Withdraw?

President Trump’s renewed threats to withdraw from NATO face a 2023 U.S. law requiring a two-thirds Senate majority, setting up a potential constitutional showdown.

By: AXL Media

Published: Apr 2, 2026, 4:45 AM EDT

Source: Reuters

1. The Legal Barrier: The 2023 NDAA Amendment

In anticipation of a potential withdrawal attempt, Congress passed a bipartisan law in 2023 (as part of the National Defense Authorization Act) to protect U.S. membership in NATO.

The Rule: The law explicitly bars any president from terminating or withdrawing from the North Atlantic Treaty without the approval of a two-thirds majority (67 votes) in the 100-member Senate.

Funding Ban: The legislation also prohibits the use of any federal funds to facilitate a withdrawal from the alliance.

The Rubio Paradox: Interestingly, the law was co-sponsored by then-Senator Marco Rubio, who is now Trump’s Secretary of State and National Security Adviser. Rubio recently signaled a shift, stating Washington must "reexamine" NATO relations following the Iran war.

2. The Constitutional Conflict