Congressional-Executive Agreement

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 ?
The traditional way of analyzing executive agreements, of which Bodansky and Spiro's Article is an example, has been to attempt to pigeonhole a particular instrument as a sole or congressional-executive agreement, or as authorized by an Article II, Section 2 treaty.
The other is a congressional-executive agreement, which involves ordinary legislation and requires only a simple majority in each house of Congress.
The president's rational choice of a treaty's preratification pathway: Article II, congressional-executive agreement, or executive agreement?
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.
While the law surrounding withdrawal from such congressional-executive agreements is far from settled, Oona Hathaway notes the basic principle that "[t]he President is not able to terminate a statute unilaterally, and hence cannot terminate the statutory enactment that gives rise to a congressional-executive agreement.
One type of agreement that has generated a good deal of debate is the congressional-executive agreement.
Senate deference to the use of the congressional-executive agreement for
15) NAFTA was enacted through a congressional-executive agreement.
1996) (stating that a congressional-executive agreement simplifies the
Accordingly, a trade agreement that is treated as a congressional-executive agreement could generally be amended only if Congress approved of the amendment.
616 (1945) (arguing that the congressional-executive agreement is not a constitutionally permissible alternative to a treaty, and that sole executive agreements are permissible in limited circumstances); Laurence H.
21) A congressional-executive agreement may also take the form of a statute passed following the negotiation of an agreement which incorporates the terms or requirements of the agreement into U.
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