Presidential Actions

Abstract

In the previous chapter attention was given to the differences between treaties, Congressional-Executive, and Presidential agreements, with the various specific methods of consummation as part of the standard for differentiation, along with the different sources of authority as another part of the standard. The true “executive” agreement, i. e., the Presidential agreement, is made solely by virtue of the President’s constitutional powers. The President is made Commander-in-Chief by the Constitution,¹ and by it he is given “executive” powers,² he appoints and receives foreign ambassadors and ministers,³ and, by a combination of these powers along with the power to “make” treaties, he is the constitutional fountainhead from which derives all official negotiating powers. The Constitution, then, gives powers to the President as well as to the Congress and to the judiciary. It is this constitutional power which is exercised when a Presidential agreement is made.