Which Branch Makes Treaties (Agreements) With Other Countries

During the first half-century of its independence, the United States participated in sixty treaties, but only 27 published executive agreements. At the beginning of the Second World War, there were about 800 treaties and 1,200 executive treaties. During the period 1940-1989, the nation entered into 759 contracts and issued 13,016 executive contracts. In total, in 1989, the United States was parties to 890 contracts and 5,117 executive contracts. In relative terms, in the first 50 years of its history, the United States has twice as many treaties as executive agreements. In the fiftieth anniversary from 1839 to 1889, there were more executive contracts than contracts. From 1889 to 1939, almost twice as many executive contracts were entered into as contracts. Between 1939 and 1993, executive agreements involved more than 90% of the international agreements concluded.439 It is desirable, in many cases, to exchange mutual benefits through legislative acts and not through a treaty: because the former, although understood to take account of each other, are highly respected, but when they become uncomfortable, they can be abandoned according to the will of one of the two parties. Considering that the contractual provisions are irrevocable forever, but by common consent….

[3] The Constitution provides for the Senate to exercise its „deliberation and approval“ in drafting contracts, an ambiguous term that presidents and senators have discussed since the country`s inception. During the War of 1812, Delaware Senator James Bayard was a member of the delegation to negotiate the Treaty of Gant. His presence raised the question of whether the senators on the negotiating team would encourage the Senate to approve the treaty or whether it would violate the separation of powers. This debate has been going on for generations without resolution. 447 Such agreements, in the form of treaties providing for reciprocal reduction of tariffs submitted to Congress, have often been concluded, but from the Customs Act of 1890,449, Congress began to introduce provisions authorizing executives to negotiate reciprocity, starting with the Customs Act of 1890.449. without the need for further legislation.