Which Branch Makes Treaties (Agreements) With Other Countries

In the case of agreements between Congress and executive and executive agreements entered into under treaties, the nature of the termination may be dictated by the underlying contract or the law on which the agreement is based.189 For example, in the case of executive agreements entered into under a treaty, the Senate may subject its consent to the underlying contract to the requirement: that the President does not enter into or terminate executive agreements under treaty authority without a Senate or Congressional treaty. Consent.190 And in the case of agreements between Congress and the executive branch, Congress may prescribe how denunciation is made in the law that approves or implements the agreement.191 The Constitution is silent about how treaties might be terminated. The violation of two treaties under Jimmy Carter`s administration sparked controversy. In 1978, the president terminated the U.S. Defense Treaty with Taiwan to facilitate the establishment of diplomatic relations with the People`s Republic of China. Also in 1978, the new Panama Canal Treaties replaced three previous treaties with Panama. In one case, the president acted unilaterally; in the second, it terminated the treaties in accordance with the measures taken by Congress. Only once Congress has terminated a treaty by a joint resolution; It was a mutual defense treaty with France, whose Congress declared the United States « liberated and exempted » in 1798. In this case, the violation of the treaty was almost an act of war; Indeed, two days later, Congress approved hostilities against France, which were narrowly avoided, and most of the treaties submitted to the Senate received the approval of the Council and the Senate for ratification. In the first 200 years, the Senate approved more than 1,500 treaties and rejected only 21. Some of them, including the Treaty of Versailles, were rejected twice. Most of the time, the Senate simply did not vote on treaties that its leaders did not have sufficient support in the Senate to approve, and in general, those treaties were eventually withdrawn. At least 85 treaties were eventually withdrawn because the Senate had never taken final action.

Contracts can also remain with the Senate Foreign Relations Committee for an extended period of time, as treaties do not have to be reservient at the start of each new Congress. There have been cases where treaties in the committee have been dormant for years, if not decades, without any action being taken. .