What Is A Primary Difference Between A Treaty And An Executive Agreement

What Is A Primary Difference Between A Treaty And An Executive Agreement

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Domestically, the issue of legal substitutability has traditionally been more controversial. Of course, there is little argument that congressional participation can be completely suppressed by replacing the treaty with the single executive agreement. However, views on the interchangeability of contracts and agreements between Congress and the executive branch are less harmonious at the bottom of page 29. The Constitution does not explicitly mention the existence of an instrument similar to the executive agreement of today`s Congress, which gives rise to a debate on how to interpret that silence. For early proponents, it was more than enough to show that interchangeability offers flexibility and best describes the practice of American foreign policy to assert that treaties and executive agreements in Congress should serve as legal substitutes. Footnote 30 The later arguments were based on the idea of the existence of “constitutional moments” that would inform constitutional interpretation through the consistent practice of the President, Congress and the Supreme Court. Footnote 31 Such moments, which were created primarily by practice in the 1940s, would have changed the importance of the contractual clause, which was a constitutional basis for the executive agreement of Congress. Executive agreements are not ratified by the legislature and require a majority of Senate support for treaties. This is why executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification. Nevertheless, the President should inform the Senate within 60 days of an executive agreement. In addition, many executive agreements have been concluded on the basis of a contract or an act of Congress. 103 Formally, it is necessary that the cariats of interest, here the indicator of the contract, are not correlated with the potential result, here the sustainability of an agreement, after the integration of all control variables.

This is also called the acceptance of “observable selection.” By definition, if the choice between congressional contracts and executive agreements were random, the community of interest would not be correlated with the potential outcome.