Congressional-Executive Agreement

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Congressional-Executive Agreement

An accord made by joint authority of the Congress and the president covering areas of International Law that are not within the ambit of treaties.

A congressional-executive agreement comes about in different ways. Congress may authorize the president to conclude a particular agreement already negotiated, as when a multilateral agreement establishes an international organization such as the International Monetary Fund. Congress sometimes has approved presidential agreements by legislation or appropriation of funds to carry out its obligations.

It is now widely accepted that a congressional-executive agreement is a complete alternative to a treaty: the president can seek approval of any agreement by joint resolution of both Houses of Congress instead of by a two-thirds vote of the Senate alone. Like a treaty, such an agreement is the law of the land, superseding inconsistent state laws as well as inconsistent provisions in earlier treaties, other international agreements, or acts of Congress.

References in periodicals archive ?
If the Court found unconstitutional the legislative veto, whose use predates by well over a decade the rise of the congressional-executive agreement, then fifty years of Senate acquiescence in the use of congressional-executive agreements as an essentially all-purpose substitute for treaties is not much of an argument that Congress's post-1945 practice is constitutional.
In a sense--and in principle--the sole executive agreement has been less controversial than the Congressional-Executive agreement.
15) NAFTA was enacted through a congressional-executive agreement.
delegations, a congressional-executive agreement would not be
The Supreme Court has said the decision to classify an international agreement as a treaty or a congressional-executive agreement is a political question for the president and Congress to decide alone.
Contrary to what one might expect, the Senate has been pragmatic about congressional-executive agreements.
The president's rational choice of a treaty's preratification pathway: Article II, congressional-executive agreement, or executive agreement?
The constitutionality of congressional-executive agreements.
A finding that the congressional-executive agreement procedure, such as that used in approving NAFTA, was unconstitutional, would have jeopardized thousands of late 20th century international agreements and implementing statutes.
Unlike congressional-executive agreements, which require a bicameral majority, Article II treaties require a supermajority of the Senate alone to enter into force.
constitutional validity of ex ante congressional-executive agreements,
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