Is Executive Agreements Constitutional

For example, the president, as commander-in-chief, negotiates and enters into status of forces agreements (SOFAs) governing the treatment and disposition of U.S. armed forces stationed in other nations. However, the President may not unilaterally conclude executive agreements on matters not within his constitutional authority. In such cases, an agreement should take the form of an agreement between Congress and the executive or a contract with deliberation and approval by the Senate. [2] In the case of executive agreements, it seems generally accepted that if the president has independent power to enter into an executive agreement, the president can terminate the agreement independently without the consent of Congress or senators. 186 Thus, observers seem to agree that while the Constitution gives the president the power to enter into single executive agreements, the president can also unilaterally denounce those agreements.187 The same principle would apply to political commitments: to the extent that the president is empowered to make non-binding commitments without the consent of the Senate or Congress, the President may also unilaterally withdraw from these obligations. .188 For a review of Congress` power to influence U.S. international agreements, international law, and foreign relations through its political powers, such as supervisory powers and financial endowments, see Henkin, note 22 above, at 81-82. . . .