The branch that makes treaties is primarily the Executive Branch, specifically the President, who negotiates and signs treaties. However, the power to make treaties is shared with the Legislative Branch, specifically the U.S. Senate, which must give its advice and consent by a two-thirds majority for a treaty to become binding law. Therefore, the treaty-making process involves the President (Executive Branch) and the Senate (Legislative Branch) working together, with the President negotiating and submitting treaties and the Senate approving them. In summary:
- The President (Executive Branch) negotiates and signs treaties.
- The Senate (Legislative Branch) must approve treaties by a two-thirds vote for ratification.
- Treaties become binding international agreements and part of U.S. law once approved by the Senate.
This process is established by the U.S. Constitution in Article II, Section 2, Clause 2, often referred to as the Treaty Clause.
