An executive agreement is an international agreement made between the executive branch (usually the president) of one country and the heads of government of one or more other countries, without requiring legislative approval or ratification by the legislature, unlike treaties
Key Characteristics:
- Not ratified by the legislature: Executive agreements bypass the formal treaty ratification process, which in the U.S. requires a two-thirds Senate majority
- Politically binding: They are considered politically binding rather than legally binding under domestic law, though under international law they may be treated as binding agreements between sovereign states
- Presidential authority: In the U.S., the president can enter into executive agreements based on constitutional foreign relations powers or congressional authorization. However, these agreements do not require Senate consent
- Supreme law: The U.S. Supreme Court has ruled that executive agreements have the same force as treaties and are considered the supreme law of the land, overriding conflicting state laws
- Scope and use: Executive agreements are often used for routine administrative matters, trade agreements (e.g., NAFTA), or urgent foreign policy actions that might not pass the Senate
Differences from Treaties:
Feature| Treaty| Executive Agreement
---|---|---
Ratification| Requires Senate approval (2/3)| Does not require Senate approval
Binding Nature| Legally binding under domestic law| Politically binding
domestically, legally binding internationally
Authority Source| President with Senate consent| President alone or with
Congressional authorization
Examples| Formal peace treaties| NAFTA, U.S.-Afghanistan Strategic Partnership
Agreement
In summary, executive agreements provide a flexible mechanism for conducting foreign relations quickly and without the delays of Senate ratification, but they rely on the president’s constitutional powers or congressional delegation and are subject to political rather than formal legislative approval
