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Constitutional Law • Executive Power
CONLAW#028
Legal Definition
Treaties are agreements between the United States and a foreign country that are negotiated by the President and effective when ratified by the Senate. They prevail over conflicting state laws, due to the Supremacy Clause. Where a treaty conflicts with a federal statute, the one adopted last in time controls. A treaty can never conflict with the Constitution.
Plain English Explanation
Treaties allow the United States to formalize relationships with other nations by making binding promises and agreements. The Constitution gives the President the job of negotiating treaties with other countries. Once the President has finalized an agreement, the Senate must ratify (which means they vote to agree with and recognizes the proposed change) the treaty by a two-thirds vote. This "advice and consent" role for the Senate provides an important check on the treaty power.
Once ratified, treaties become part of the "supreme law of the land" under the Constitution. This means they override any conflicting state laws. However, treaties can never violate the Constitution itself. Additionally, if a treaty and federal statute conflict, whichever was passed more recently controls.
Once ratified, treaties become part of the "supreme law of the land" under the Constitution. This means they override any conflicting state laws. However, treaties can never violate the Constitution itself. Additionally, if a treaty and federal statute conflict, whichever was passed more recently controls.
