What Was Executive Agreement
21 décembre 2020
The U.S. Supreme Court Pink (1942) found that international agreements, which were concluded in law, have the same legal status as treaties and do not require Senate approval. To Reid v. Concealed (1957), the Tribunal, while reaffirming the President`s ability to enter into executive agreements, found that such agreements could not be contrary to existing federal law or the Constitution. 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. Another view seemed to be the basis of the Supreme Court`s decision in the United States. Belmont, 4Footnote301 U.S. 324 (1937). In B.
Altman- Co. v. The United States, 224 U.S. 583 (1912), the Court recognized that the reference to a treaty of judicial status included an executive arrangement. to give effect to Litvinov`s allocation. Sutherland J.`s opinion was based on his Curtiss-Wright5FootnoteUnis v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936).
Opinion. A first instance would have erred in dismissing a complaint filed by the United States as an agent of the Soviet Union for certain funds formerly held by a Russian metallurgical group whose assets had been acquired by the Soviet government. According to the court, the president`s act in recognizing the Soviet government and the agreements that accompanied it constituted an international pact to which the President, the sole body of international relations for the United States, was allowed to enter without consulting the Senate. State laws and policies have also made no difference in such a situation; While treaty supremacy is explicitly defined by the Constitution, the same rule applies in the case of all international pacts and agreements, namely that total power over international affairs is within the national government and cannot be subject to circumcision or interference by individual states.6Note 301 U.S. to 330-31. On the discussion of the power of Congress, see henkin, supra note 22, at 81-82. See z.B. Garamendi, 539 U.S. at 415 (debate on the « Executive Agreements to Settle the Rights of U.S. Nationals Against Foreign Governments » of the year « 1799 »); Act of February 20, 1792, No.
26, 1 Stat. 239 (law passed by the Second Congress for the approval of post-linked executive agreements).