International Dealmaking at the White House: Toward a Viable Test of Allowable Sole Executive Agreements

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The Constitution’s Treaty Clause states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.”  This clause represents the only instance in which the Constitution describes a process by which the United States can conclude agreements with foreign governments.  However, the President regularly enters international agreements on his own authority and without the assent of a supermajority of the Senate.  This Note explores when the President may lawfully enter such agreements, known as “sole executive agreements.”

 

54 Colum. J. Transnat'l L. 779