Created by potrace 1.14, written by Peter Selinger 2001-2017

Treaties Vs Executive Agreement

  • 29 Bradley, note 9 above, with 90 (« Most scholars. believe that the Power of the President to enter into single executive agreements is much narrower than the Power of the President to conclude Article II treaties. »; Louis Henkin, Foreign Affairs and the United States Constitution (1996) (describes the view that the president will seek Senate approval only for « prudential reasons, » as « unacceptable »). Look at the first ex-post agreements between Congress and the executive. As already said, ex-post agreements between Congress and the executive branch are rare, with less than 1 percent in 1980 and 2000. Table 6 gives results to the coefficient of the contractual indicator when the model is run separately on ex-post agreements between Congress and the executive and all other international commitments. Footnote 101 While most model specifications indicate that there may be a difference in durability between ex-post agreements between congressional agreements and executive agreements and treaties, this difference is small in substance and statistically insignificant. In each model specification containing other executive agreements, the difference is significant and statistically significant. Therefore, the evidence is consistent with the idea that the differences between treaties and agreements between Congress and the executive are less pronounced in ex-post agreements between Congress and the executive. First, and most importantly, the only known bias in ITTs is the omission of secret agreements that, if published, could threaten national security.

    Fn. 79 However, since, by definition, these secret agreements are not known to the public, it is likely that they are also absent from other databases. Second, the TIF agreements all follow an understandable selection procedure: they are agreements submitted to Congress in accordance with the Case Act and considered to be in force by the Department of Foreign Affairs. The combination of these agreements with other databases results in unknown selection distortions that compromise the interpretation of the results. Third, TIF uses its own index system, so TIF agreements cannot be easily compared to those from other sources. Fourth, previous attempts to combine records have resulted in far fewer agreements than in the dataset used here. Footnote 80 For these reasons, this article proposes that a single set of data based on TIF should be preferable to a combination of different sources. See z.B. Garamendi, 539 U.S. at 415 (Discussion of Executive Agreements on « Executive Agreements for the Settlement of Claims of U.S. National Governments » of « as early as 1799 »); Act of Feb.

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