The President of the United States negotiates an agreement with a foreign nation that addresses climate-change-mitigation efforts. After signing the document, the President decides not to submit it to the Senate for ratification, believing the President's independent authority is sufficient to enter into such agreements. Which of the following is the most constitutionally accurate assessment of this action?
The agreement cannot bind the United States unless the President presents it to the Senate and secures approval by two-thirds of the Senators present.
The agreement becomes binding only if it later receives a simple majority vote in both the House of Representatives and the Senate.
The agreement may be treated as an executive agreement that is valid without Senate approval, but it cannot override existing federal statutes or the Constitution.
The agreement automatically becomes the supreme law of the land, overriding any contrary federal statute, once the President signs it.
An international commitment signed solely by the President can take effect as an executive agreement without Senate approval. Valid executive agreements bind the United States in international law and pre-empt conflicting state law, but they do not have the same domestic status as an Article II treaty: they cannot override existing federal statutes or the Constitution. Options asserting that two-thirds Senate approval or a simple congressional majority is always required ignore the long-recognized category of executive agreements, and the option stating that the agreement automatically supersedes federal statutes overstates its domestic effect.
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What are executive agreements and how do they differ from treaties?
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What does the Constitution say about the President's power to make treaties?
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What are the potential consequences if the President enters into an agreement without Senate approval?