Executive Agreement Definition Wikipedia

There is nothing in [the Constitution] that does not indicate that treaties and laws adopted in accordance with [it] must not be in conformity with the provisions of the Constitution. Similarly, in the debates that accompanied the drafting and ratification of the Constitution, there is no indication of such a result. These debates, as well as the history surrounding the adoption of the treaty provision in Article VI, make it clear that the reason the treaties were not limited to those concluded in the context of the “persecution” of the Constitution is the fact that the agreements concluded by the United States under the Articles of Confederation, including the important peace agreements that ended the war of independence, would remain in force. It is clear that it would run counter to the objectives of those who created the Constitution and those responsible for the Bills of Rights — let alone our entire history and constitutional tradition — to interpret Article VI in such a way as to allow the United States to exercise power under an international agreement without respecting constitutional prohibitions. Such a construction would make it possible to amend that document in a way that is not sanctioned by article V. Constitutional prohibitions should apply to all branches of national government and cannot be lifted by the executive or by the executive and the Senate combined. [98] The U.S. Constitution, which came into effect in 1789, gave the federal government power over foreign affairs and limited the authority of each state in this area. Article I, Section 10, provides: “No State may conclude a treaty, alliance or confederation” and that “no State without the consent of Congress . . . Enter into an agreement or pact with another State or with a foreign power. The primacy of the federal government was made clear in the supremacy clause of Article VI, which states, “This Constitution and the laws of the United States that are to be made in your persecution; And all treaties that will be concluded or that will be concluded under the authority of the United States are the supreme law of the land; And the judges of every state are bound by this, regardless of what is contrary in the Constitution or in the laws of a state. [14] While executive agreements were not mentioned in the Constitution, Congress already authorized them to notify the post office in 1792.