Treaties and executive agreements are both legally binding instruments used in international relations. However, they differ in terms of their scope, authority, and method of approval. In this article, we`ll delve into the key differences between treaties and executive agreements.
Scope
Treaties are international agreements that involve two or more sovereign nations. They typically cover a broad range of issues, such as trade, human rights, environmental protection, and arms control. Treaties require the approval of the Senate and the President before they can become binding on the United States. Once ratified, treaties become part of U.S. law and are enforceable in U.S. courts.
Executive agreements, on the other hand, are agreements between the United States and one or more foreign governments. They usually deal with narrower topics, such as military cooperation, extradition, and the exchange of scientific information. Executive agreements do not require Senate approval, but they must be authorized by the President, usually through a prior act of Congress. Unlike treaties, executive agreements are not part of U.S. law and do not have the same force of law in domestic courts.
Authority
Treaties are considered to be the supreme law of the land under the U.S. Constitution, meaning that they have the same legal status as federal statutes. This means that they can override conflicting state laws and even constitutional provisions, provided that they were enacted in accordance with the Constitution.
Executive agreements, on the other hand, are not considered to be the supreme law of the land. While they are binding on the parties involved, they do not have the same legal force as treaties. If an executive agreement conflicts with a federal statute or the Constitution, the federal law or constitutional provision prevails.
Approval
Treaties and executive agreements also differ in the way they are approved. Treaties require the advice and consent of two-thirds of the Senate, meaning that 67 Senators must vote in favor of ratification. Once the Senate approves a treaty, the President can then ratify it on behalf of the United States.
Executive agreements, on the other hand, do not require Senate approval. They can be made by the President with the authority and approval of Congress, or they can be made by the President on his own authority under certain circumstances, such as in response to an emergency or to implement a previously ratified treaty.
Conclusion
In summary, the key differences between treaties and executive agreements lie in their scope, authority, and method of approval. While treaties are broader in scope, have the force of law in U.S. courts, and require Senate approval, executive agreements are narrower in scope, do not have the force of law in domestic courts, and do not require Senate approval. Understanding these differences is essential for anyone involved in international relations or U.S. foreign policy.
