Why Are Executive Agreements Important

President Dwight D. Eisenhower rejected the amendment on the grounds that it would obstruct the presidency`s conduct of foreign policy. In a letter to his brother Edgar, a lawyer who supported the resolution, Eisenhower said it would “paralyze the executive to the point of disempowering us in world politics.” The Eisenhower administration was well aware that most Republicans accepted the proposal and that its opposition was therefore carefully measured. After failing to reach a compromise with Bricker troops, Eisenhower sought the support of Democrats in the Senate. Georgian Senator Walter George introduced his own amendment, which confirmed the constitutional supremacy over treaties and executive agreements. In a key passage that reflected widespread opposition to the widespread use of unilateral executive agreements, De George`s proposal would have necessitate the implementation of legislation on executive agreements (but not for treaties) in the United States. The Eisenhower administration was strongly committed to defeating the Bricker and George proposals, in part because the councillors believed they would remove important prerogatives from the president and transfer foreign affairs authority from the executive to the legislature. The Bricker Amendment was defeated by 50 votes to 42 in the Senate on February 25, 1954. But George`s amendment did better; it was only one vote below the two-thirds required for probate. During the 19th century, the government`s practice dealt with the power to terminate contracts as they were shared between legislative and executive departments.205 Congress often authorized206 or instructed the president207 to terminate the contract with foreign governments during that period. In rare cases, the Senate alone passed a resolution authorizing the President to terminate a contract.208 Presidents have consistently complied with the authorization or instruction of the legislative branch.209 On other occasions, Congress or the Senate approved the resignation of the president after the executive branch of the foreign government had already terminated.210 In the United States, executive agreements are concluded exclusively by the President of the United States. They are one of three mechanisms through which the United States makes binding international commitments. Some authors view executive agreements as treaties of international law because they bind both the United States and another sovereign state.

However, under U.S. constitutional law, executive agreements are not considered treaties within the meaning of the contractual clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. Dependence on contractual power has declined since World War II, as presidents increasingly turn to the use of executive agreements as a means of ensuring unilateral control of U.S. foreign relations. If the president acts unilaterally, the agreement is called a “single executive agreement.” If the president acts with the agreement of a simple majority of both houses of Congress, the agreement is called “legislative and executive agreement.” Presidents have a “margin of appreciation” in deciding whether they wish to pursue an international agreement in the form of a treaty, a single executive agreement or in the form of a legislative and executive agreement. The Speaker`s decision generally depends on political factors, including the likelihood of obtaining Senate approval. Presidents have often chosen to exclude the Senate from concluding some controversial and historic international pacts on the channel of executive agreements, including the basic destructive agreement with Britain in 1940, the Yalta and Potsdam accords of 1945, the Vietnam Peace Agreement of 1973 and the Sinai Accords of 1975.

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Published by kimberly

I am Kimberly Reynolds and the author of Fundraising Success, first published in 2002. I've been writing about fundraising ideas for schools. churches and youth sports groups since 1999. You can find the latest version of Fundraising Success on Amazon.com. I also have some free reports about getting publicity for your next fundraiser event and how to recruit more volunteers available for you to download at http://www.scribd.com/fundraiserhelp