When it comes to international agreements, presidents of the United States have two options: negotiating a formal treaty or making an executive agreement. While treaties require Senate approval, executive agreements do not. This may lead one to wonder why a president would choose to make an executive agreement rather than negotiate a formal treaty. In this article, we will explore some of the reasons.
Time Constraints
One of the primary reasons a president may choose to make an executive agreement rather than negotiate a formal treaty is time constraints. Negotiating a formal treaty can be a lengthy process. It requires the approval of two-thirds of the Senate, which can take months or even years. On the other hand, making an executive agreement is much quicker. It only requires the approval of the president and the foreign leader.
Flexibility
Another reason a president may choose to make an executive agreement is flexibility. Formal treaties are binding and difficult to modify. Any change to a treaty requires the approval of both parties and Senate approval. This can be a time-consuming and difficult process. In contrast, executive agreements are more flexible. They can be modified or even terminated with relative ease.
Urgent Matters
In urgent matters, a president may choose to make an executive agreement rather than negotiate a formal treaty. For example, if a crisis develops that requires immediate action, the president may not have time to negotiate a formal treaty. Making an executive agreement allows the president to act quickly without having to wait for Senate approval.
Political Considerations
Finally, political considerations may also play a role in a president`s decision to make an executive agreement. Because treaties require Senate approval, they can become politicized. The Senate may use its power to block or delay treaty approval for political reasons. However, executive agreements are not subject to Senate approval, making them less vulnerable to political considerations.
Conclusion
In conclusion, a president may choose to make an executive agreement rather than negotiate a formal treaty for several reasons. These include time constraints, flexibility, urgent matters, and political considerations. While executive agreements may be easier to negotiate, they are less binding than formal treaties. As such, presidents must carefully weigh the pros and cons of each option before making a decision.