Crucial Exams

Multistate Bar Examination Practice Question

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 automatically becomes the supreme law of the land, overriding any contrary federal statute, once the President signs it.

  • 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 becomes binding only if it later receives a simple majority vote in both the House of Representatives and the Senate.

Multistate Bar Examination
Constitutional Law
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