Executive Agreement Phrase

Note: An executive agreement does not have the same weight as a treaty, unless it is supported by a joint resolution. Unlike a treaty, an executive agreement may succeed an adversarial state law, but not a federal law. In field v. Clark, 453 statutes that gave the president the power to enter into trade agreements, were upheld against the objection that they attempted an unconstitutional delegation “both legislative and contractual powers.” The Court faced the first objection with a comprehensive review of similar legislation since the inauguration of the government, in accordance with the Constitution. The second objection he raised is correct: “What has been said also applies to the objection that the third part of the act confers contractual power on the President. The Court considers that the third part of the act of October 1, 1890 is not subject to the objection it confers on the President legislative and contractual power. 454 Although two judges disagreed, the issue was never revived. In B. Altman – Co. v. United States,455, an accompanying question was asked twenty years later.

Whether it was an act of Congress, the federal district courts of the appelal court for cases where “the validity or construction of a contract . . . . It was called into question,” a case in which it was a trade agreement under the Customs Act of 1897. The Court replied: “It may be true that this trade agreement, concluded under the authority of Customs Act 1897, No. 3, was not a treaty that had the dignity of a treaty that must be ratified by the United States Senate, but it was an international pact negotiated between the representatives of two sovereign nations and concluded on behalf of the States Parties. , and looked at the important trade relations between the two countries and was proclaimed by the President.

While it is not technically a treaty that requires ratification, nevertheless, it was a pact approved by the United States Congress, negotiated and proclaimed under the authority of its president.

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