The Treaty Clause of the United States Constitution (Article II, Section 2, Clause 2) establishes the procedure for ratifying international agreements. It empowers the President as the primary negotiator of agreements between the United States and other countries, and holds that the advice and consent of a two-thirds supermajority of the Senate renders a treaty binding with the force of federal law.
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👉 Treaty Clause in the context of Powers of the president of the United States
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president takes care that the laws are faithfully executed and has the power to appoint and remove executive officers; as a result of these two powers, the president can direct officials on how to interpret the law (subject to judicial review) and on staffing and personnel decisions. The president may make treaties, which need to be ratified by two-thirds of the Senate, and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and can direct the nation's diplomatic corps. The president may also appoint Article III judges and some officers with the advice and consent of the U.S. Senate. In the condition of a Senate recess, the president may make a temporary appointment.
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Treaty Clause in the context of Executive agreement
An executive agreement is an agreement between the heads of government of two or more nations that has not been ratified by the legislature as treaties are ratified. Executive agreements are considered politically binding to distinguish them from treaties which are legally binding.
In the United States, executive agreements are made solely by the President of the United States. They are one of three mechanisms by which the United States enters into binding international obligations. Some authors consider executive agreements to be treaties under international law in that they bind both the United States and another sovereign state. However, under United States constitutional law, executive agreements are not considered treaties for the purpose of the Treaty Clause of the United States Constitution, which requires the advice and consent of two-thirds of the Senate to qualify as a treaty.