What Does an Executive Agreement

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What Does an Executive Agreement Mean?

An executive agreement is a legal agreement between two or more nations, made by the heads of state, or executive branch officials without the need for ratification by the legislative branch. It is a common diplomatic tool used in international relations when formal treaties are not an option.

Executive agreements can be comparative to treaties, but they are not subject to the approval of the Senate, unlike treaties, which are approved by a two-thirds majority vote. Executive orders, on the other hand, are unilateral decrees issued by the President without the necessity of any other branch of government`s approval.

The use of executive agreements has increased over the years, as it allows the President to take swift action and respond to international situations quickly. The US has entered into over 16,000 executive agreements, with the majority of them focusing on trade and commerce, defense, and foreign policy.

Executive agreements can be entered into by the President on behalf of the United States, without Congress`s approval, provided that the agreement does not violate any existing federal laws. A President may also not use executive agreements to change existing law or for an agreement that is beyond the President`s constitutional authority.

The Constitution of the United States recognizes treaties as the supreme law of the land, and executive agreements that conflict with the Constitution or federal law are unenforceable. Nonetheless, executive agreements are a useful diplomatic tool that can be used to address immediate foreign policy issues when treaties are not an option.

In summary, executive agreements are legal instruments that allow the President to make agreements with foreign nations without the need for Congressional approval. Though they are not subject to the same level of scrutiny as treaties, they must still comply with federal laws and the Constitution of the United States. As such, executive agreements play an essential role in the United States`s foreign policy and help strengthen its relationships with other nations.