8.4 Treaties and Executive Agreements

The President's power to make treaties and executive agreements is crucial in shaping foreign policy. Treaties require Senate approval, while executive agreements allow for quicker action. Both tools give the President flexibility in international relations.

However, these powers aren't unlimited. The Senate can influence treaties through ratification, and Congress can regulate executive agreements. This balance reflects the complex interplay between executive and legislative branches in foreign affairs.

Treaty Ratification and Termination

Senate's Role in Treaty Ratification

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• Treaties require Senate's advice and consent to be ratified, a process outlined in the Constitution
• President negotiates and signs treaties, but they do not take effect until ratified by a two-thirds majority vote in the Senate
• Senate can attach reservations, understandings, or declarations to its advice and consent, which can modify or interpret treaty provisions
• Senate Foreign Relations Committee holds hearings on treaties and reports them to the full Senate for consideration

Treaty Termination and International Law

• President has the power to terminate treaties, although this authority is not explicitly stated in the Constitution
• Goldwater v. Carter (1979): Supreme Court case involving President Carter's termination of a defense treaty with Taiwan without Senate approval
  • Case dismissed as a political question, leaving the issue of treaty termination power unresolved
• Under international law, treaties can be terminated by mutual agreement, a material breach by one party, or a fundamental change in circumstances (rebus sic stantibus doctrine)
• Vienna Convention on the Law of Treaties (1969) codifies customary international law on treaties, including rules on termination and suspension

Executive Agreements

Types of Executive Agreements

• Executive agreements are international agreements made by the President without Senate advice and consent
• Sole executive agreements are based on the President's constitutional powers as commander-in-chief and chief diplomat
  • Examples: armistice agreements, recognition of foreign governments, and settling international claims
• Congressional-executive agreements are authorized or approved by Congress through legislation or joint resolutions
  • Used for trade agreements (NAFTA), foreign assistance programs, and defense cooperation

Legal Status and Scope of Executive Agreements

• Executive agreements have the same legal status as treaties under international law, but their domestic legal status is more complex
• Supreme Court has upheld the constitutionality of executive agreements in cases like United States v. Belmont (1937) and United States v. Pink (1942)
• Executive agreements cannot override federal statutes or the Constitution, and they are subject to legislative oversight and regulation
• The scope of executive agreements has expanded significantly since World War II, covering a wide range of foreign policy issues
  • Examples: Yalta Agreement (1945), Paris Peace Accords (1973), and Iran Nuclear Deal (2015)