Executive Agreements of the US President: Understanding Their Importance
As the highest elected official in the United States, the President has a lot of power in shaping the country`s foreign policy. One of the most important tools at the President`s disposal is the ability to make executive agreements, which allow him to negotiate and enter into binding agreements with other countries without the need for congressional approval. In this article, we will discuss executive agreements and their significance in US foreign policy.
What are Executive Agreements?
Executive agreements are legally binding agreements between the President and the heads of other countries. These agreements can cover a wide range of issues, such as trade, defense, and foreign aid. The President has the authority to negotiate and enter into these agreements without approval from Congress, as long as the agreement does not conflict with existing US law.
Executive agreements are often used when a treaty would be difficult to pass through Congress, or when time is of the essence and waiting for congressional approval would not be practical. In addition, executive agreements can be more flexible than treaties, as they can be made with a smaller number of countries and can be amended more easily.
The Importance of Executive Agreements
Executive agreements are an important tool for the US President in shaping the country`s foreign policy. They allow the President to make significant decisions on behalf of the country without the need for approval from Congress, which can be time-consuming and difficult to obtain. This gives the President more flexibility in responding to changing circumstances and events around the world.
One example of the use of executive agreements is the Iran nuclear deal. The Obama administration negotiated an executive agreement with Iran, which lifted some economic sanctions in exchange for Iran`s agreement to limit its nuclear program. This agreement was not a treaty, as its ratification through Congress would have been difficult to obtain due to political differences.
Another example is the Paris climate agreement. President Obama entered into an executive agreement with other countries to reduce greenhouse gas emissions. This agreement was not a treaty, as its ratification through Congress would have been difficult to obtain due to opposition from some members.
In both cases, executive agreements were used to bypass the congressional approval process and make important decisions for the country`s foreign policy.
Executive Agreements and Constitutional Powers
The use of executive agreements by the President has been a subject of debate and controversy. Critics argue that because executive agreements are made without the approval of Congress, they undermine the principle of checks and balances and give the President too much power.
However, the Supreme Court has upheld the use of executive agreements as a constitutional power of the President. In United States v. Belmont (1937), the Court ruled that an executive agreement was superior to state laws, as it was made under the authority of the President`s foreign affairs power.
Conclusion
Executive agreements are an important tool for the US President in shaping the country`s foreign policy. They allow the President to negotiate and enter into binding agreements with other countries without approval from Congress. While the use of executive agreements has been controversial, the Supreme Court has upheld their use as a constitutional power of the President. As the world becomes more interconnected, executive agreements will continue to play an important role in US foreign policy.