Which statement best contrasts executive agreements with treaties?

Which statement best contrasts executive agreements with treaties?

• A. Executive agreements do not require Senate approval, while treaties require Senate ratification.
• B. Executive agreements require Senate approval, while treaties do not.
• C. Executive agreements require Senate approval, but treaties require judicial approval.
• D. Executive agreements are binding only domestically, not internationally.

Answer: (D)

The main idea here is how these two types of international agreements get their legitimacy. Executive agreements are tools the president can use to engage with foreign governments without going through the Senate. They can be negotiated and put into place relatively quickly because they bypass the formal treaty process. Treaties, on the other hand, require the Senate’s advice and consent, typically a two-thirds vote, before they become binding international obligations and, once ratified, generally become part of domestic law. A common misconception to clear up is that executive agreements are only domestic in effect. In reality, they create international commitments, even if their domestic status may depend on subsequent implementing legislation. This is why the strongest contrast is about the approval process: executive agreements do not require Senate approval, while treaties require Senate ratification.

The main idea here is how these two types of international agreements get their legitimacy. Executive agreements are tools the president can use to engage with foreign governments without going through the Senate. They can be negotiated and put into place relatively quickly because they bypass the formal treaty process. Treaties, on the other hand, require the Senate’s advice and consent, typically a two-thirds vote, before they become binding international obligations and, once ratified, generally become part of domestic law.

A common misconception to clear up is that executive agreements are only domestic in effect. In reality, they create international commitments, even if their domestic status may depend on subsequent implementing legislation. This is why the strongest contrast is about the approval process: executive agreements do not require Senate approval, while treaties require Senate ratification.