Does a Presidential Agreement Have to Be Ratified by Congress?
The U.S. Constitution is carefully constructed to ensure that there are checks and balances on each of the three branches of government. Even so, there remain instances of one branch exercising their power unilaterally. One widely used example of this is the president's power to make executive agreements.
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Definition
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Executive agreements do not have to pass through Congress. A presidential agreement is essentially a treaty that does not require the ratification of Congress. Although not explicitly allowed for in the Constitution, these uses of executive power are often justified by the president's responsibility to conduct international relations.
Congress
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Several sessions of Congress have considered executive agreements an unconstitutional use of one branch's power and have attempted to limit their use. In the 1950s, Senator Bricker and Senator George each introduced amendments that would reaffirm Congress's role in international agreements, but both fell short of ratification.
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The Case Act
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In 1972, Congress passed the Case Act, requiring that any international agreement made by the president be reported to Congress. This was largely in response to a Senate subcommittee's discovery that executive agreements had been made with other nations in secret.
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References
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