Does Executive Agreement Require Approval
Executive agreements are an important tool used by the President of the United States to manage foreign relations. They are agreements that are negotiated and entered into by the President without the approval of the Senate, as required for treaties. However, the question remains: do executive agreements require approval?
The answer is not a simple one, but we can break it down into a few key points. First, it is important to note that executive agreements are not technically required to be approved by Congress. This is because, by definition, they are agreements entered into solely by the President`s authority under the Constitution`s foreign affairs powers.
That being said, the Supreme Court has held that executive agreements cannot override existing domestic law. In other words, if an executive agreement conflicts with a law passed by Congress, the law takes precedence. This means that while Congress does not have to approve an executive agreement, it can still pass legislation that could render the agreement moot.
Furthermore, while executive agreements do not require approval by Congress, they often require cooperation from other government agencies and departments. For example, an executive agreement that requires the United States to provide military assistance to a foreign country may require the Department of Defense to allocate funds and resources to fulfill the agreement`s obligations. In that sense, executive agreements are not entirely independent of congressional oversight.
In conclusion, while executive agreements do not require approval by Congress, they are still subject to the Constitution`s checks and balances. Executive agreements cannot supersede existing domestic law, and they often require cooperation from other government agencies and departments. As such, while executive agreements are an important tool for the President`s foreign policy initiatives, they must also be balanced against the interests of Congress and the American people.