An open letter to the U.S. Congress

The President Cannot Simply Declare Foreign Territory American

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I’m asking Congress to respond to President Trump’s repeated claims that the Strait of Hormuz is now, or will become, United States territory. On August 14, President Trump said he would soon declare the Strait of Hormuz a U.S. territory. He subsequently posted a map labeling the strait “new U.S. territory.” He has now publicly stated that he views the Strait of Hormuz as “an American territory.” This is not American territory. The Strait of Hormuz passes through the territorial waters of Iran and Oman. The fact that the United States may exercise military power in or around a waterway does not give a president the authority to simply claim it for the United States. This is especially alarming while the United States is engaged in an armed conflict with Iran. Congress should make unequivocally clear that the President cannot unilaterally annex, acquire or declare foreign territory to be territory of the United States. Any acquisition of territory must occur through lawful constitutional processes and in accordance with the United States’ international obligations. This principle should apply regardless of who is president. A president cannot redraw international borders because he controls the military forces operating nearby. Allowing that principle to go unchallenged would establish an extraordinarily dangerous precedent for both the United States and the rest of the world. Please publicly reject the claim that the Strait of Hormuz is U.S. territory and defend Congress’s constitutional authority over decisions of this magnitude.

▶ Created on August 23 by Sarah

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