All Executive Agreements Require The Approval Of The Senate

The ability of the United States to enter into agreements with other nations is not exhausted in the capacity for contracting. The Constitution recognizes a distinction between “treaties” and “agreements” or “pacts,” but does not specify what the difference is.438 Differences that were perhaps more evident in the past have seriously blurred in practice in recent decades. Once a step-child of the family, where treaties were the privileged descendants, the executive agreement has surpassed in number and perhaps of international influence the treaty formally signed, submitted to ratification by the Senate and proclaimed upon ratification. Most executive agreements were made on the basis of a treaty or an act of Congress. However, presidents have sometimes entered into executive agreements to achieve goals that would not have the support of two-thirds of the Senate. For example, after the outbreak of World War II, but before the United States entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that gave the United Kingdom 50 overflow destroyers in exchange for 99 years of leases for some British naval bases in the Atlantic. . . .