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The requirement of a 2/3 vote from the Senate creates the possibility that a treaty can be killed by a small minority.
Consider the Treaty of Versailles...it was supposed to end WWI. 49 Senators voted for it, 35 against, but the vote was 7 short of the 2/3 necessary.
An executive agreement is a pact between the President and the head of a foreign state.
This is used for one very simple reason...it DOES NOT require the "advice and consent" of the Senate.
Some presidents, like Tyler and McKinley used other tactics, like calling for a joint resolution , which only calls for a majority vote in each house.
A treaty is a formal agreement between two or more sovereign states.
The President, through the Secretary of State, negotiates these agreements.
The Senate must give its approval (2/3 vote), which is called "Advice and Consent." The Framers chose the Senate because they felt that secrecy was crucial, which therefore, made the House of Representatives not an option.
Treaties have the same legal standing as acts of Congress. If a treaty and law conflict, the most recent enacted is considered to be the law.
The President's powers are commander in chief are far greater during war than in more "normal" times.
Use of troops in combat without a declaration of war by Congress.
The President may use the armed forces to keep the domestic peace and when necessary can call any State's militia into federal service.
Adams - 1798 - Navy sent in to fight French warships that were harassing American merchantmen in the Atlantic and Caribbean.
Jefferson/Madison - early 1800s - sent the Navy to fight the Barbary Coast pirates of North Africa.
Korean Conflict & Vietnam - both undeclared wars.
Most recent use of "undeclared war" - President G.W. Bush - ordered air strikes against Afghanistan for their involvement in the attacks on 9/11.
Little Rock, AK
Ferguson, MO
Holding the office of President comes with its demands, stresses, and huge responsibilities. One of those responsibilities is serving as chief diplomat and as commander in chief.
Diplomatic powers are those powers that allow the president to form and maintain relationships with foreign countries.
These powers include:
1. the power to make treaties
2. executive agreements
3. the power of recognition