An executive agreement is an agreement between heads of government of two or more nations that has not been ratified by the legislature, since the treaties are ratified. Executive agreements are considered politically binding to distinguish them from legally binding contracts. Note: An executive agreement does not have the same weight as a treaty, unless it is supported by a joint resolution. Unlike a treaty, an executive agreement may succeed an adversarial state law, but not a federal law. The U.S. Constitution does not explicitly give a president the power to enter into executive agreements. However, it may be authorized to do so by Congress or may do so on the basis of its foreign relations management authority. Despite questions about the constitutionality of executive agreements, the Supreme Court ruled in 1937 that they had the same force as treaties. As executive agreements are made on the authority of the president-in-office, they do not necessarily bind his successors. In the United States, executive agreements are made 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. Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification. Many nations that are republics with written constitutions have constitutional rules on treaty ratification. The Organization for Security and Cooperation in Europe is based on executive agreements. These examples are automatically selected from different online sources of information to reflect the current use of the term „executive agreement.“ The opinions expressed in the examples do not reflect the views of Merriam-Webster or its publishers. Send us comments. By agreement, all parties met at Indian Spring to consider a second contract in early February 1825. The Case-Zablocki Act of 1972 requires the President to notify the Senate within 60 days of an executive agreement.
The president`s powers to conclude such agreements have not been restricted. The reporting requirement allowed Congress to vote in favor of repealing an executive agreement or to refuse funding for its implementation.   Most executive agreements were concluded on the basis of a contract or deed by Congress. However, presidents have sometimes reached executive agreements to achieve goals that would not find the support of two-thirds of the Senate. For example, after the outbreak of World War II, but before the Americans entered the conflict, President Franklin D.