0
does not require the approval of the senate
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
What is the difference between executive agreement and the treaty?
The executive agreement is like setting the rules for the treaty.
How does a treaty differ from an executive agreement?
The difference between a treaty and an executive agreement is the paper they are printed on. The treaty is a signed document printed on paper. An executive agreement is an agreement that is verbal and probably agreed to by a handshake.
Why is Obama's Iran deal not subject to the two-thirds Senate vote for ratification?
While it is the case that all "treaties" require the ratification of the Senate, e.g. the two-thirds approval vote, this became incredibly difficult and cumbersome. As a result, President Franklin D. Roosevelt decided that he would term his international negotiations something other than treaties, like executive agreements. Because "executive agreements" are never mentioned in the US Constitution, there is no provision requiring any congressional approval. Note that from a functional and international law perspective there is absolutely no difference between a "treaty" and an "executive agreement".However, Congress retaliated in the 1960s, by passing a law requiring presidents to notify the legislative branch of all "executive actions" signed. Of course, this simply meant that Congress would be aware of the "executive agreement" and not in a position to oppose it. In some cases, the President will grant Congress the right to vote up or down on the "executive agreement" he reached during the notification process. This up or down vote is a plain majority vote in the Congress, but can be vetoed by the President. This effectively makes the approval requirement for an "executive agreement" the almost-exact reverse of the approval requirement for a "treaty". Instead of two-thirds of the Senate being required to approve a "treaty", now, two-thirds of the Senate and two-thirds of the House of Representatives are required to override the Presidential veto preventing their disapproval of the "executive action" from coming to pass.Almost every President since FDR has taken advantage of this incredibly useful tool and what Obama is doing on the Iran deal is no different.
Why was the cease fire agreement in the Korean War signed?
They agreed to be peaceful and stop fighting.
All land on earth divided into nation states?
Yes except for uninhabitable areas that remain unclaimed by mutual agreement like the poles.
Why is it important for a peace agreement such as treaty of Versailles to be regarded as fair by all sides?
Because if one side doesn't think the treaty's fair they may start another war. The perfect example is the Versailles Treaty. Germany didn;t like it and the disatifaction added to the appeal of Hitler's offer to take over Europe.
What type of informal Constitutional change is made when the president and the leader of another nation make an agreement?
Sounds like you're describing a treaty, although it doesn't affect the U.S. Constitution.
Can the Supreme court declare a treaty unconstitutional?
A treaty is an international agreement. Obviously the us supreme court has no juristiction over treaty between two other countries.The president has the explict power to sign treaties, providing they have a 2/3 majority in the senate. However most treaties the US enters into are less formal "agreements"The treaty becomes part of US federal law, and can (like any other federal law) be subject to judicial review. On rare occasions "agreements" have been rejected by the supreme court (Reid v Covert) and in this case the US would break international law and break the treaty. (Sovereign states cannot be forced to comply with treaties that they have signed except by military action, but other countries can put pressure to encourage compliance) No full Treaty (with 2/3 support) has been rejected by the court, but there is no constitution bar to this.
Where can executive aircraft be purchased?
Executive aircraft can be purchased from websites like Executive Aircraft Solutions, MWE, Executive-Aircraft, Controller, Executive Aircraft Charter and AV Jet.
Presidents are allowed to issue orders without the approval of Congress?
- undeclared war: the president can go into a country for 60 days without congress approval - executive agreements: the president can make a 'treaty' with another country without congressional permission -executive order: kind of like a law, but different
How do use executive in a sentence?
I would like to speak with the executive in charge of finances, please. I am seeking an executive position with your firm.
How does the president pass a treaty with a foreign nation?
The president or his designated representative, such as the Secretary of State, has the exclusive authority to communicate with other nations, recognize foreign governments, receive ambassadors, and make executive agreements. Throughout U.S. history, Congress and the courts have granted the president great deference in conducting foreign policy. This deference is based, in part, on the need for one person, rather than 535 members of Congress, to represent and speak for a national constituency. These powers were illustrated in the aftermath of the september 11, 2001, terrorist attacks on New York City and Washington, D.C. President george w. bush warned the Taliban government of Afghanistan to surrender Osama bin Laden and other terrorists or face the possibility of war. In the months leading up to the March 2003 invasion of Iraq, President Bush, Secretary of State Colin Powell, and other representatives lobbied the United Nations for support of the U.S. position on Iraq. In addition to the authority to recognize foreign governments, the president is empowered by Article II to make treaties with foreign nations, subject to the consent of the Senate. A treaty is an agreement between two or more nations containing promises to behave in specified ways. Executive agreements are international compacts that the president makes with foreign nations without the approval of the Senate. They do not have the same legal status as treaties unless they are subsequently ratified by the Senate. The Constitution does not expressly give the president the power to make executive agreements. However, this power has been inferred from the president's general constitutional authority over foreign affairs. At one time, executive agreements involved minor matters, such as postal relations and the use of radio frequencies. Since the 1930s, however, presidents have negotiated important foreign policy issues through these agreements rather than through treaties. The Supreme Court has recognized that an executive agreement is legally equivalent to a treaty and therefore the supreme law of the land. Executive agreements enable the president to achieve results while avoiding the uncertainty of treaty ratification.
