Isabella Carter
The United States Constitution outlines the procedure for ratifying international agreements, empowering the President as the primary negotiator of agreements between the United States and other countries. The President has the power to ratify or make a treaty by signing an instrument of ratification and arranging for its deposit or exchange. However, the advice and consent of a two-thirds supermajority of the Senate are required for a treaty to become binding with the force of federal law. This shared power between the President and the Senate has been a part of the treaty-making process since the early Republic, with the Senate's role often confined to approval or disapproval, including the power to attach conditions. While the President has the final responsibility for completing the treaty-making process, the Senate's approval is crucial for the treaty to become part of the supreme law of the land, taking precedence over state law.
| Characteristics | Values |
|---|---|
| Who approves treaties for ratification? | The President and the Senate. |
| Who has the power to make treaties? | The President, with the advice and consent of the Senate. |
| What is the role of the President? | The President is the primary negotiator of agreements between the US and other countries. They ratify the treaty by signing an instrument of ratification and arranging for the deposit or exchange of the instrument. |
| What is the role of the Senate? | The Senate provides advice and consent, with a two-thirds supermajority vote, to make the treaty binding. |
| What is the role of Congress? | Congress may be necessary to implement the treaty into domestic law. They can also enact legislation authorizing agreements with other nations. |
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What You'll Learn
The President's role in treaty ratification
Presidents have historically approached the treaty-making process differently. While some, like George Washington, initially consulted the Senate during the negotiation process, they often independently negotiate and sign treaties before presenting them to the Senate for approval or disapproval. This highlights the President's discretion in shaping treaties according to their administration's foreign policy goals.
Once the Senate provides its advice and consent, the President makes the final decision to ratify or reject the treaty on behalf of the United States. This involves signing an instrument of ratification and arranging for its deposit or exchange as per the treaty's terms. The President's role in this stage is crucial, as they are the final actor in expressing the nation's assent to be bound by the treaty.
However, it is important to note that the President is not obligated to ratify a Senate-approved treaty. They have the authority to decline ratification, as seen in some historical instances. Additionally, the President's role in treaty-making is balanced by Congress's role in implementing treaties into domestic law. While the President's ratification gives treaties international force, additional action by Congress may be necessary to incorporate them into U.S. law.
In summary, the President plays a central role in treaty ratification by negotiating and signing treaties, seeking Senate approval, and making the final decision to ratify. Their role is shaped by the Constitution, historical precedent, and the dynamic interplay with Congress in implementing treaties as domestic law.
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The Senate's role in treaty ratification
The United States Constitution outlines the role of the Senate in treaty ratification. According to Article II, Section 2, Clause 2, also known as the Treaty Clause, the President has the power to make treaties with the "advice and consent" of the Senate. This means that while the President is the primary negotiator and has the authority to sign treaties, the Senate must approve or reject the resolution of ratification. The Senate's role is to provide advice and consent, with a two-thirds supermajority vote, to make the treaty binding under federal law.
Historically, the involvement of the Senate in treaty-making has varied. While the George Washington administration initially consulted the Senate during the treaty-making process, they eventually abandoned this practice, setting a precedent for the President to independently negotiate and sign treaties. Despite this, the Senate has played a significant role in treaty ratification over the years. For instance, the Senate objected when President Jimmy Carter sought statutory approval instead of Senate concurrence for the Strategic Arms Limitation Talks II (SALT II) treaty.
The Senate's approval of a treaty can include the power to attach conditions or reservations. In some cases, the Senate may approve a resolution of ratification with modifications or exclusions to the legal effect of the treaty. Once the Senate approves a resolution of ratification, ratification occurs when the instruments of ratification are formally exchanged between the United States and the foreign power(s).
It is important to note that the President is not obligated to ratify a treaty even with Senate approval. Additionally, the President has the authority to terminate treaties with or without congressional authorization. While the Senate plays a crucial role in providing advice and consent, the President ultimately determines whether to ratify a treaty on behalf of the United States.
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Congressional-executive agreements
The United States Constitution provides that the president has the power to "make Treaties" with the Advice and Consent of the Senate as long as two-thirds of the Senators present concur (Article II, Section 2). Treaties are legally binding agreements between nations that become part of international law. Treaties to which the United States is a party also have the force of federal legislation, forming part of the "supreme Law of the Land".
The Senate does not ratify treaties. Instead, it approves or rejects a resolution of ratification. If the resolution passes, ratification takes place when the instruments of ratification are formally exchanged between the US and the foreign power(s). The President then ratifies the treaty by signing an instrument of ratification and arranging for the deposit or exchange of the instrument.
While the President has the power to independently negotiate and sign treaties, they do not have an obligation to ratify a Senate-approved treaty, and in some cases, they have declined to do so.
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The Treaty Clause
The President is the final actor in expressing the United States' assent to be bound to a treaty, and they ratify the treaty by signing an instrument of ratification and arranging for its deposit or exchange. However, the President has no obligation to ratify a Senate-approved treaty, and in some cases, the President has declined to do so.
The legally binding nature of treaties under the Constitution has been consistently recognized by the courts. Treaties are regarded as the "'supreme law of the land' per the Supremacy Clause, and they take precedence over state law.
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The Supremacy Clause
Over time, the Supreme Court has refined the application of the Supremacy Clause, recognising various forms of preemption. Federal law can expressly preempt state law through explicit language or implicitly through its structure and purpose. The Court has also clarified that treaties and laws made under them must comply with the Constitution, as seen in the Reid v. Covert case.
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Frequently asked questions
The President of the United States approves treaties for ratification, with the advice and consent of the Senate.
The Treaty Clause of the US Constitution (Article II, Section 2, Clause 2) establishes the procedure for ratifying international agreements. It gives the President the power to negotiate agreements with other countries and states that the advice and consent of a two-thirds supermajority of the Senate is required for a treaty to be binding.
Congress plays a significant role in the adoption of international treaties. It can enact legislation that authorises agreements with other nations, such as trade agreements like NAFTA. Congress can also implement treaties into domestic law through the Congressional Implementation of Treaties process.
Congressional-executive agreements are made between the President and a foreign entity without congressional approval. They take effect in international law but do not become domestic law. Treaties, on the other hand, become part of both domestic and international law.
Yes, the President has no obligation to ratify a treaty approved by the Senate and has done so in some cases.
