What Are Treaties & Executive Agreements?
Treaties and executive agreements are two tools the president uses to conduct foreign policy. The Constitution delegates the president this power. Congress has the power to approve or reject these agreements.
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Formality
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The president often sets the tone for foreign policy. Treaties are more formal agreements made by the president, and executive agreements are less formal.
Treaties
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The Senate must ratify treaties by a two-thirds vote. A treaty is an agreement, like a contract, between two sovereign states or international organizations. The president has the right to broker treaties with foreign powers, but all treaties must be approved by two-thirds of the Senate.
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Executive Agreements
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The president can also broker agreements with foreign powers called executive agreements. There are two types: congressional executive agreements and sole executive agreements.
Congressional Executive Agreements
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The president may negotiate his own agreement, but it must be ratified by Congress. The most common type of executive agreement, this pact must be approved by a simple majority in both the House of Representatives and the Senate. The Supreme Court ruled it was constitutional in 1937 because Congress grants the president the power to do what he needs to in order to conduct foreign policy. It is used when the president does not believe he can get a two-thirds majority in the Senate.
Sole Executive Agreements
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This is a deal between the United States and a foreign power that the president brokers and signs. These agreements do not require the ratification of Congress.
Examples
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The North American Free Trade Agreement is an example of an executive agreement. By contrast, an extradition treaty with the European Union was ratified in 2006.
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