This article deals with executive agreements between nations in general. You will find information about executive agreements in U.S. foreign policy as part of U.S. foreign policy.An executive agreement is an agreement between the heads of government of two or more nations that has not been ratified by the legislature upon ratification of treaties. Executive agreements are considered politically binding in order to distinguish them from legally binding treaties. 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. Some other nations have similar provisions regarding the ratification of treaties. Most executive agreements were made on the basis of a treaty or an act of Congress. However, presidents have sometimes entered into executive agreements to achieve goals that would not have the support of two-thirds of the Senate. For example, after the outbreak of World War II, but before the United States entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that granted the United Kingdom 50 overflow destroyers in exchange for 99 years of leases for some British naval bases in the Atlantic. As far as we are concerned, Congress has no way of changing an executive agreement. 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. As executive agreements are concluded on the authority of the President-in-Office, they do not necessarily bind his successors. He specifically adapts directly to the leader of another country and says, “Don`t negotiate with these guys because we`re going to change that,” that`s wrong because they can`t change an executive agreement.