No treaty by ANY president is valid without the consent of the Legislature.
An Executive Agreement does not require consent by Congress. An Executive Agreement is a pact made by the President with the head of a foreign state (country). It is a binding international pact that abides by the force of law but which, unlike a treaty, does not require Congressional consent to take place.
"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur"...
Yes, the senate does have the power of advice and consent on presidential appointments and treaties. Read Section 2, Article II of the Constitution of the United States of America.
Voluntary Consent
The President can make treaties with foreign nations with the advice and consent of the Senate. He can also make appointments to certain high government positions and judgeships, but those probably aren't "created" the way treaties are created.
Through the Department of State and the Department of Defense, the President is responsible for the protection of Americans abroad and of foreign nationals in the United States. The President decides whether to recognize new nations and new governments, and negotiate treaties with other nations, which become binding on the United States when approved by two-thirds of the Senate. The president may also negotiate "executive agreements" with foreign powers that are not subject to Senate confirmation. I believe the president can negotiate treaties, but they do not take effect until the Senate votes to ratify them.
Yes, of course the president can. I believe it was the Louisiana Purchase that the president bought without asking the congress. When asked that the president did not have the power to buy the land. He said that he did have the power to "negotiate" treaties.
The Senate is the congressional body that must approve the President's cabinet. According to Article II Section 2 paragraph 2, advise and consent of the Senate for treaties and appointments requires 2/3 votes.
Well, the word used in the US Constitution is "consent". Article II, Section 2 states that the President "shall have power, by and with the advice and consent of the Senate, to make treaties." Actually it only takes 2/3rds of the senators to consent.
The executive branch negotiates treaties. The Senate must approve those treaties. The answer can be found in Article II Section 2 of the US Constitution. It reads: "He shall have Power, by and with the Advice and Consent of the Senate, to make treaties, provided two thirds of the Senators present concur" (He is referring to the President.)
Negotiating treaties with other countries falls primarily under the executive branch, specifically the president or head of state, as they have the authority to negotiate and sign treaties on behalf of their country. However, the legislative branch, through the Senate (in the case of the United States), plays a role in the treaty-making process by giving advice and consent to the president for final ratification. Lastly, the judicial branch may be involved in interpreting and resolving any disputes related to the treaties.
NO
To advise and give consent to treaties made by the president
The president, with the advice and consent of the senate.
In the United States, the President ratifies treaties after 2/3 of the Senate has given "advice and consent." It is a common misunderstanding that the Senate ratifies treaties.
The President ratifies treaties after receiving the "advice and consent" of 2/3 of the Senate (not the full Congress). It is a common misunderstanding that the Senate ratifies treaties.
The President can make treaties but only with the advice and consent of the US Senate. Congress may give him some discretionary power to control trade, but the ultimate power over foreign trade rests with Congress.