20 Sep

Executive Agreements By President


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 United States entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that granted the United Kingdom 50 overflow destroyers in exchange for 99 years of leases for some British naval bases in the Atlantic. Presidents have also invoked the power to unilaterally withdraw from agreements between Congress and the executive, but there is an emerging scientific debate about the extent to which the Constitution allows the president to act in such circumstances without the consent of the legislature. The Senate may approve or reject the submitted treaty or make its approval conditional by introducing amendments to the text of the treaty in the resolution – reservations, agreements, interpretations, declarations or other declarations. The President and the other countries concerned must then decide whether to accept the conditions and changes in the legislation, whether to renegotiate the provisions or whether to abandon the treaty. Finally, the Senate may decide not to take final action and to leave the treaty pending in the Senate until it is withdrawn at the request of the Speaker or, occasionally, at the initiative of the Senate. The Case Zablocki Act of 1972 requires the president to inform the Senate of any executive agreement within 60 days. The powers of the President to enter into such agreements have not been granted. The notification requirement allowed Congress to vote in favor of cancelling an executive agreement or to refuse to fund its implementation. T32 [4] Congress has attempted to limit the practice of secret executive agreements.

In 1969 and 1970, a subcommittee of the Senate Foreign Relations Committee learned that U.S. presidents had negotiated important covert agreements with South Korea, Laos, Thailand, Ethiopia, and Spain, as well as other nations. In response, Congress passed the Case Act of 1972, which required the Secretary of State to transmit to Congress, within sixty days, the text of “an international agreement, except a treaty,” in which the United States participates. If the president decided that the publication would endanger national security, he could forward it to the Senate Foreign Relations Committee and the House Foreign Affairs Committee, under an incommunicado publication order that can only be withdrawn by the president. But presidents from Nixon to Clinton ignored or circumvented the statute, and Congressional efforts were largely ineffective. See z.B. In what makes me feel good. Ass`n. Garamendi, 539 U.S. 396, 415 (2003) (“O]your cases have recognized that the President has authority to make `executive agreements` with other countries, which do not need to be ratified by the Senate. This power has been exercised since the early years of the Republic.”; Ladies &Moore v. Regan, 453 U.S.

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Teck Lee Tan

Field Engineer and Tech Artist at Unity Technologies


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