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The Constitution provides for the Senate to exercise its “advice and approval” in the context of contractualization, an ambiguous phrase that presidents and senators have discussed since the creation of the nation. During the War of 1812, Delaware Senator James Bayard was a member of the delegation to negotiate the Treaty of Ghent. His presence raised the question of whether the senators on the negotiating team would make the Senate more supportive of approving the treaty or whether it would violate the separation of powers. This debate has been going on for generations without a solution. The Case Zablocki Act of 1972 requires the president to inform the Senate of any executive agreement within 60 days. The powers of the President to enter into such agreements have not been granted. The notification requirement allowed Congress to vote in favor of cancelling an executive agreement or to refuse to fund its implementation. [3] [4] The Senate does not ratify treaties – the Senate approves or rejects a ratification decision. If the resolution is passed, ratification will take place when the instruments of ratification are formally exchanged between the United States and foreign difficulties. Most executive agreements were made on the basis of a treaty or an act of Congress. However, presidents have sometimes entered into executive agreements to achieve goals that would not have the support of two-thirds of the Senate.

For example, after the outbreak of World War II, but before the United States entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that granted the United Kingdom 50 overflow destroyers in exchange for 99 years of leases for some British naval bases in the Atlantic. In the summer of 1787, the delegates of the Constitutional Convention debated the structure and powers of a new legislative body. One of the questions they asked was: Should the power of contracting be within the legislative or executive branch? According to the articles of Confederation, a treaty could be concluded with the agreement of nine of the thirteen states or two-thirds. Some delegates, such as Charles Pinckney of South Carolina, insisted that the Senate, where each state was represented on an equal footing, had the exclusive power to enter into contracts. Alexander Hamilton argued that the executive should exercise powers related to foreign relations and should therefore have the power to enter into contracts “with the Council and the approval of the Senate.” In the end, Hamilton`s argument proved to be the most convincing. 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 it may do so on the basis of the power to manage foreign relations granted to it. Despite the question of the constitutionality of executive agreements, the Supreme Court ruled in 1937 that they have the same force as treaties. As executive agreements are concluded on the authority of the President-in-Office, they do not necessarily bind his successors.

Executive Agreement, an agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement of ratification by two-thirds of the U.S. Senate. The use of executive contracts increased significantly after 1939. Before 1940, the U.S. Senate had ratified 800 treaties and presidents had concluded 1200 executive agreements; From 1940 to 1989, during World War II and the Cold War, presidents signed nearly 800 treaties, but negotiated more than 13,000 executive agreements. .

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