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What Are Some Executive Agreements

In United States v. Pink (1942), the U.S. Supreme Court ruled that international executive treaties that have been validly concluded have the same legal status as treaties and do not require Senate approval. Also in Reid v. Covert (1957), he affirmed the president`s ability to enter into executive agreements, but decided that such agreements could not be contrary to applicable federal law or the Constitution. Dependence on conventional power has declined since World War II, with presidents increasingly turning to the use of executive agreements as a means of ensuring unilateral control of U.S. foreign relations. When the president acts unilaterally, the agreement is called the “sole executive agreement.” When the president acts with the approval of a simple majority of both houses of Congress, the agreement is called a “legislative-executive agreement.” The Presidents took a margin of appreciation in deciding whether to pursue an international agreement as a treaty, as a single executive agreement or in the form of a legislative-executive agreement. The Speaker`s decision usually depends on political factors, including the likelihood of obtaining Senate approval. Presidents have often chosen to exclude the Senate by concluding controversial and historic international pacts through executive agreements, including the Destroyer Base Agreement with Britain in 1940, the Yalta and Potsdam Accords of 1945, the Vietnam Peace Agreement of 1973, and the Sinai Accords of 1975.

The Case Zablocki Act of 1972 requires the president to notify the Senate of any executive agreement within 60 days. The Powers of the President to conclude such agreements have not been divided. The notification requirement allowed Congress to vote to cancel an executive agreement or refuse to fund its implementation. [3] [4] Executive agreements are often used to circumvent the requirements of national constitutions for the ratification of treaties. Many nations that are republics with written constitutions have constitutional rules for ratifying treaties. The Organization for Security and Cooperation in Europe is based on executive agreements. Paquete Habana, 175 U.S. 677, 700 (1900). See also, for . B, Galo-Garcia v. Immigration and Naturalization Service, 86 F.3d 916 (9th Cir. 1996) (“[W]here it is an executive or legislative act of control …

exist, customary international law is not applicable. “) (Quote omitted). . . .