Executive Agreement V Executive Order

As specified in 11 FAM 721.2, there are two procedures under national law by which the United States becomes a party to an international agreement. First, international agreements (whatever their title, name or form) that enter into force with respect to the United States will not occur until two-thirds of the U.S. Senate has given its opinion and approval in accordance with Article II, Section 2, Clause 2 of the Constitution, are „treaties“. Second, international agreements that enter into force with respect to the United States on a different constitutional basis than that of the Council and Senate approval are „non-treaty international agreements“ and are often referred to as „executive agreements.“ There are several types of executive agreements. An executive order is an instruction signed, written, and issued by the President of the United States, who manages the operation of the federal government. They are permanently numbered, which makes it possible to reference executive orders by their number or subject. Other presidential documents sometimes resemble executive orders in format, formality and issue, but have different purposes. The proclamations, which are also signed and numbered continuously, provide information about holidays, commemorations, federal celebrations and trade. Administrative orders – for example. B memos, communications, letters, messages – are not numbered, but they are nevertheless signed and are used to manage the administrative affairs of the federal government.

The three types of presidential documents — implementing regulations, proclamations, and certain administrative orders — are published in the Federal Registry, the daily journal of the federal government, which is published to inform the public about federal regulations and actions. They are also catalogued by the National Archives as official documents of the federal government. Implementing regulations and proclamations have the force of law, much like rules adopted by federal authorities, so they are codified under Title 3 of the Code of Federal Regulations, which is the formal collection of all rules and regulations adopted by the executive and other federal authorities. Implementing regulations are not legislation; they don`t need congressional approval, and Congress can`t overthrow them. Congress can pass laws that could make order difficult, if not impossible, such as for example. B the abolition of funds. Only a President-in-Office of the United States can repeal an existing implementing regulation by adopting a new implementing regulation to that effect. In the United States, executive agreements are concluded exclusively by the President of the United States. They are one of three mechanisms through which the United States make binding international commitments. Some authors consider executive agreements to be treaties under international law, as they bind both the United States and another sovereign state.

However, under U.S. constitutional law, executive agreements are not considered treaties within the meaning of the contractual clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. The U.S. Constitution does not explicitly give a president the power to enter into executive agreements. However, it may be authorized to do so by Congress or it may do so on the basis of the power to manage foreign relations granted to it. Despite the question of the constitutionality of executive agreements, the Supreme Court ruled in 1937 that they have the same force as treaties. . . .