Executive agreements are agreements established by the US President with foreign nations or agencies. They are used in foreign affairs and are more general provisions than treaties. Since WWII, executive agreements have become more prevalent due to their speed and the President’s control over foreign relations. Legislative-Executive Agreements are also used, and while not mentioned in the Constitution, they are recognized as legal. Examples of executive agreements include the Mutual Protection Agreement with the UK, postwar agreements with the Soviet Union, and the North American Free Trade Agreement.
An executive agreement is an agreement established by the President of the United States between the United States and another nation or foreign agency. It is one of the primary tools in the executive branch’s arsenal when it comes to foreign affairs. While it may be considered a treaty by international standards, under the United States Constitution, the President has no treaty power, so an executive agreement is more of a general provision used by both parties to come to terms with an important issue.
Traditionally, all treaties established by the United States were based on the approval of the legislative branch. According to the treaty clause in the Constitution, the President can work with other nations and foreign representatives to establish the terms of treaties, but it takes an act of Congress to ratify the treaty. The provisions must be discussed and then approved by the Senate with a two-thirds vote.
Since the end of World War II, official treaties have become the exception to the rule rather than standard operating procedure. This is in part because executive agreements can be set up quickly and successfully, establishing agreements with other countries with limited interference from other politicians. Another reason for the prevalence of executive agreements in modern times is the fact that it gives the president almost complete control over foreign relations. This also allows the executive branch, especially the Secretary of State, the ability to secure internationally recognized treaties that provide for national security. Sometimes these are even conducted in secret without the knowledge of the public.
Another method of executive settlement can be undertaken in unison with Congress. While these Legislative-Executive Agreements are not mentioned in the US Constitution, they still act as treaties with other countries. Both houses of Congress still vote on the measure, which is usually set through an official in the presidential administration. The US Supreme Court has heard arguments that contradict the constitutionality of this form of executive agreement and recognized them as legal.
There are numerous examples of executive agreements established by the President. Famous historical examples include the Mutual Protection Agreement concluded with the United Kingdom at the start of World War II, the postwar agreements with the Soviet Union at Yalta and Potsdam in 1945, and the peace treaty concluded with Vietnam in the early 1940s. ‘1970. Modern examples include the 1994 North American Free Trade Agreement and membership of the World Trade Organization. These were all mediated by executive agreement with no oversight from the legislative branch.
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