Did trump need congresses approval to get Monduro?
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Executive summary
The United States could not unilaterally add Montenegro to NATO without congressional involvement: the Constitution and practice require the Senate’s advice and consent (a two‑thirds vote) to ratify treaty protocols, and the Senate did vote 97–2 to approve Montenegro’s accession before the White House deposited the U.S. instrument of ratification — which President Trump then signed and submitted [1] [2] [3] [4].
1. The legal gatekeeper: why the Senate mattered
Under the Constitution and longstanding practice, treaty ratification is a Senate responsibility requiring advice and consent by a two‑thirds majority, and U.S. accession to NATO follows that treaty process; the Senate Foreign Relations Committee advanced the resolution and the full Senate gave the requisite vote for Montenegro’s accession [1] [2].
2. What Congress actually did in Montenegro’s case
The Senate formally advised and consented to the Protocol to the North Atlantic Treaty on March 28, 2017 with a 97–2 vote, meeting the two‑thirds constitutional threshold needed to ratify Montenegro’s accession, after committee-level action earlier in the year [2] [1].
3. The president’s role: signing and depositing the instrument
The final, formal U.S. step in accession is the President’s deposit of the instrument of ratification; President Trump signed and the White House announced the U.S. instrument of ratification for Montenegro on April 11, 2017 — meaning the executive acted only after the Senate’s consent [3] [4].
4. Congressional levers beyond the two‑thirds vote
Congress also placed declarations and conditions on the Senate’s advice and consent resolution—requiring presidential certifications and ongoing reporting to congressional committees about NATO defense spending and other matters—and these statutory or resolution conditions shaped how and when the instrument could be deposited [5] [6].
5. Where discretion remained with the president
Reporting at the time noted that a President could, in theory, delay or refuse to deposit an instrument of ratification even after a favorable Senate vote, meaning the executive branch retained a procedural veto over final U.S. action; commentators observed that the White House could have blocked Montenegro’s accession by withholding deposit, but in this case the administration supported ratification and proceeded [7] [8] [9].
6. Political context and competing agendas
The ratification unfolded against a backdrop of partisan and geopolitical debate: most Senators supported accession while a small minority opposed it on cost and strategic grounds, and Russia vigorously opposed NATO enlargement in the western Balkans — a realpolitik factor noted by reporting and by U.S. officials [2] [9] [7].
7. Bottom line: who ultimately had to approve?
Legally and procedurally, the Senate’s two‑thirds consent was required before the U.S. could complete Montenegro’s NATO accession, and Congress exercised additional oversight through conditions and reporting requirements; the president’s signature and deposit were necessary final steps but came only after Senate approval in this instance [1] [2] [3] [5].