Trump Faces Major Hurdle to Pull US Out of NATO

Former president told the Daily Telegraph exiting the alliance was 'beyond reconsideration.'

Apr. 1, 2026 at 2:19pm

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President Donald Trump faces legislative obstacles if he wants to make good on threats to pull the U.S. out of NATO. A 2023 law requires either two-thirds Senate approval or an act of Congress to exit the alliance, which Trump may try to sidestep by citing presidential authority over foreign policy.

Why it matters

Trump has long criticized NATO members for not spending enough on defense, and his anger has grown since the start of the Iran war. A U.S. withdrawal from NATO would have major geopolitical implications and upend decades of American foreign policy.

The details

In 2023, Senators Marco Rubio and Tim Kaine authored legislation requiring presidential decisions to exit NATO to have either two-thirds Senate approval or an act of Congress. This law was passed as part of the fiscal 2024 National Defense Authorization Act. However, Trump could try to sidestep this by citing his presidential authority over foreign policy, though it's unclear if Congress could successfully sue him for ignoring the law.

  • In 2023, Rubio and Kaine authored legislation requiring Congressional approval for NATO withdrawal.
  • The fiscal 2024 National Defense Authorization Act, which included the NATO withdrawal law, was signed into law by former President Joe Biden.

The players

Donald Trump

The former president of the United States who has threatened to withdraw the U.S. from NATO.

Marco Rubio

The current U.S. Secretary of State who has said the U.S. may 'reexamine' its role in NATO.

Tim Kaine

A Democratic U.S. Senator from Virginia who co-authored the 2023 legislation requiring Congressional approval for NATO withdrawal.

Curtis Bradley

The Allen M. Singer distinguished service professor at the University of Chicago Law School who commented on the potential legal conflict between the president and Congress over NATO withdrawal.

Mark Shanahan

A U.S. political expert from the University of Surrey in England who commented on Trump's ability to 'quit NATO in all but name' without Congressional approval.

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What they’re saying

“He simply doesn't have the votes”

— Mark Shanahan, U.S. political expert

“Trump sees Congress as merely a lapdog to be bypassed”

— Mark Shanahan, U.S. political expert

What’s next

If Trump declares he is pulling the U.S. out of NATO, it's unclear if Congress could successfully sue him for ignoring the 2023 law, as the Supreme Court usually considers conflicts between the branches of government as best resolved through the political process rather than judicial intervention.

The takeaway

This case highlights the ongoing tensions between the president and Congress over foreign policy, with Trump potentially able to sidestep legislative obstacles to withdrawing from NATO despite bipartisan efforts to prevent such a move. The outcome could have major implications for America's global leadership and security commitments.