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Constitutional Law • Executive Power
CONLAW#029
Legal Definition
Executive agreements are agreements between the United States and a foreign country that are effective when signed by the President and the head of a foreign nation. They can be used for any purpose, and prevail over any conflicting state laws. However, any conflicting federal law or the Constitution prevail over an executive agreement.
Plain English Explanation
Executive agreements allow the President to make binding deals with other nations without going through the treaty process. The President negotiates and finalizes the terms of the agreement, and then simply signs it into effect. There is no ratification role for the Senate like with treaties.
This unilateral executive power makes executive agreements easier and faster to create than treaties. But executive agreements are also weaker than treaties in some ways. Like treaties, executive agreements are superior to state law under the Supremacy Clause. However, if an executive agreement conflicts with an existing federal law or the Constitution, the law or Constitution prevails over the executive agreement.
So executive agreements provide flexibility in foreign policy, but remain subordinate to federal statutes and the Constitution. Checks by the legislative branch and courts prevent misuse of executive agreements.
This unilateral executive power makes executive agreements easier and faster to create than treaties. But executive agreements are also weaker than treaties in some ways. Like treaties, executive agreements are superior to state law under the Supremacy Clause. However, if an executive agreement conflicts with an existing federal law or the Constitution, the law or Constitution prevails over the executive agreement.
So executive agreements provide flexibility in foreign policy, but remain subordinate to federal statutes and the Constitution. Checks by the legislative branch and courts prevent misuse of executive agreements.
