Does An Executive Agreement Require Senate Approval

The Senate approved the ratification of one of the most controversial treaties in U.S. history during the Washington administration. At the insistence of the federalist senators, the President sent Supreme Justice John Jay to London to settle open disputes with Britain. Washington did not consult with the entire Senate before seeking its opinion and approval of the treaty, known as « Jay. » Opponents of the treaty, especially Jeffersonian Republicans, supported New York Senator Aaron Burr. to reopen negotiations, after a number of specific proposals, but federal senators proposed the plan and secured approval of Jay`s controversial treaty on June 24, 1795. The Jeffersonian Republicans under the control of the House of Representatives threatened to retain the means necessary to obtain some of its provisions, but the funds finally the House of Representatives on April 30, 1796, with a tight lead. It was a decisive victory for the unique and decisive role of the Senate in contracting. This recognition of the preventive scope of the executive agreements was part of the movement for a constitutional amendment in the 1950s to limit the powers of the president in this area, but this movement failed.496 439 CRS Study, xxxiv-xxxv, supra, 13-16. Of course, not all of these agreements are published, either for reasons of national security or confidentiality, or because the purpose is trivial.

In an exchange of hearings in 1953, Foreign Minister Dulles estimated that about 10,000 executive agreements had been concluded under the NATO treaty. « Every time you open a new Privy, you have to have an executive agreement. » Hearing on S.J. Res. 1 and S.J. Res. 43: Before a Subcommittee of the Senate Judiciary Committee, 83d Congress, 1st Sess. (1953), 877. In order to amend an administrative proposal, Parliament passed legislation in 1973 authorizing the President to negotiate tariff and non-tariff agreements (NTBs) for a specified period of time. Once the agreements are concluded, the President will submit them to Congress with all the necessary draft enforcement decisions and proclamations.

Agreements, injunctions and proclamations would become law (and, therefore, would relay inconsistent prior statutes), provided that neither parliament adopted a resolution of disapproval with the majority of those present and the vote within 90 days. See H.Rept. 93-571, 6, 23-34, 41-42. The Senate, which the Finance Committee found to be questionable by the veto approach, imposed itself on an expedited basis for the adoption of the current request for two-headed legislative approval of NTB agreements and the adoption of implementing legislation. See S.Rept. 93-1298, 14-15, 22, 76, 107. Objections to the house veto procedure had also been raised earlier in differing opinions in Parliament`s report. H.Rept. 93-571, circa 199. The Supreme Court finally held the veto in Chadha Immigration and Naturalization Service, 462 U.S. 919 (1983). First of all, it was the view of most judges and scholars, that executive agreements, based solely on presidential power, did not become the « law of the land » under the supremacy clause, because these agreements are not « treaties » ratified by the Senate.490 However, the Supreme Court found another basis for compliance with state laws that are anticipated by executive agreements and ultimately relied upon itself on the exercise of the power of the Constitution over the power of external relations within the national government.