When it comes to the powers of the President of the United States, the ability to make executive agreements is one that many people are not familiar with. An executive agreement is a legal agreement between two or more nations that is made by the President without the need for Senate approval.
So, which role of the President allows them to make executive agreements? The answer lies in the Constitution and the President`s role as the chief diplomat.
Article II, Section 2 of the Constitution states that the President «shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur.» This means that the President has the power to negotiate and enter into treaties with foreign nations, but these treaties must be approved by the Senate.
However, the President also has the power to make executive agreements without the need for Senate approval. This power is derived from the President`s role as the chief diplomat and the head of the executive branch.
Executive agreements are often used for matters that do not require the level of formality or permanence of a treaty. For example, executive agreements may be used to establish trade agreements, establish military alliances, or to coordinate law enforcement efforts between two nations.
While executive agreements do not require Senate approval, they are still subject to review by Congress. Congress can pass legislation that supersedes an executive agreement, or they can refuse to provide funding for an executive agreement.
In summary, the role of the President that allows them to make executive agreements is their role as the chief diplomat and head of the executive branch. While executive agreements do not require Senate approval, they are still subject to Congress` oversight and review.