Britannica.com: Encyclopedia Article on Executive Agreements The proposed Iran nuclear deal is classically an executive agreement and does not need to be a treaty with the advice and approval of the Senate, but Congress should be able to do so because the sanctions ordered by Congress should be lifted. Executive Agreement, an agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement of ratification by two-thirds of the U.S. Senate. As far as we are concerned, Congress has no way of changing an executive agreement. The U.S. Constitution does not explicitly give the president the power to enter into executive agreements. However, it may be authorized to do so by Congress, or it may do so on the basis of the authority conferred on it to conduct foreign relations. Despite the question of the constitutionality of executive agreements, the Supreme Court ruled in 1937 that they had the same power as treaties. Since executive agreements are concluded under the authority of the outgoing president, they do not necessarily bind his successors.
These sample sentences are automatically selected from various online information sources to reflect the current use of the word « Executive Agreement. » The opinions expressed in the examples do not reflect the opinion of Merriam-Webster or its editors. Most executive agreements were entered into under a treaty or an act of Congress. Sometimes, however, presidents have entered into executive agreements to achieve goals that would not receive 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. Roosevelt negotiated an executive agreement that gave the United Kingdom 50 surviving destroyers in exchange for 99-year leases for some British naval bases in the Atlantic. Note: An executive agreement does not have the same weight as a treaty unless it is supported by a joint resolution. Unlike a treaty, an executive agreement can replace a conflicting state law, but not a federal law. In the United States, executive agreements are concluded exclusively by the President of the United States. They are one of three mechanisms through which the United States enters into binding international commitments. Some authors consider executive treaties to be international treaties because they bind both the United States and another sovereign state. However, under U.S.
constitutional law, executive agreements are not considered treaties within the meaning of the treaty clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. The Case Zablocki Act of 1972 requires the president to notify the Senate of any executive agreement within 60 days. The powers of the President to conclude such agreements have not been granted […].