Joint Congressional-Executive Actions

Abstract

The various methods of bringing international agreements into effect contribute, by their very nature, to considerable confusion in the field of constitutional law. All international agreements have the same binding effect in international law, and for all practical purposes may be called “treaties.”¹ But a treaty in United States constitutional law exists only if it has received approval by two-thirds of the Senate. In order to differentiate between treaties and other international agreements, the term “executive agreement” is often used loosely to apply to the latter type.² This is a misnomer for the entire class because “executive” applies to the President, and the inference derives that only Presidential power is involved when international agreements other than treaties are denominated. Of course, the powers of the President and Congress may be involved, as distinct from the powers of the President alone or in conjunction with the Senate’s power.