Executive Agreement Features

Executive agreements — that is, international agreements concluded between heads of state or their representatives, usually without the need for parliamentary agreement — are not expressly permitted anywhere in the Constitution. The Constitution remains silent on international agreements unless it gives the President, in collaboration with the Senate, the power to enter into and enter into contracts. Nevertheless, the principle that the ability of the United States to negotiate and enter into international agreements is not exhausted by contractual force has long been established. This principle has been recognized several times since the beginning of the Republic in the effective conduct of United States foreign policy. Pink (1942) considered that international executive agreements, which have been validated, have the same legal status as treaties and do not require Senate approval. In Reid v. Covert (1957), while reaffirming the President`s ability to enter into executive agreements, he decided that such agreements could not be contrary to federal law or the Constitution in force. Most executive agreements were made on the basis of a treaty or an act of Congress. However, presidents have sometimes entered into executive agreements to achieve goals that would not have the support of two-thirds of the Senate. For example, after the outbreak of World War II, but before the Americans entered the conflict, President Franklin D.

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