The implementation of executive agreements increased considerably after 1939. Prior to 1940, the U.S. Senate had ratified 800 treaties and presidents had concluded 1,200 executive agreements; From 1940 to 1989, during World War II and the Cold War, presidents signed nearly 800 treaties, but concluded more than 13,000 executive treaties. Compare Bradford C. Clark, Domesticating Sole Executive Agreements, 93 Va. L. Rev. 1573, 1661 (2007) (arguing that the text and history of the Constitution support the position that treaties and executive agreements are not interchangeable, and also argue that the supreme clause should be read in order to avoid, in general, exclusive executive agreements being contrary to existing legislation); Laurence H. Tribe, Taking Text and Structure Seriously: Reflections on Free-Form Method in Constitutional Interpretation, 108 Harv. L.
Rev. 1221, 1249-67 (1995) (on the grounds that the contractual clause is the exclusive means for Congress to approve important international agreements); John C. Yoo, Laws as Treaties?: The Constitutionality of Congressional Executive Agreements, 99 Me. L. Rev. 757, 852 (2001) (on the grounds that treaties are the constitutional form required for Congress to approve an international agreement on measures outside the constitutional powers of Congress, including human rights, political/military alliances and arms control issues, but are not necessary for agreements of measures within the competence of Congress, such as the International Trade Agreement. B). avec troisième restatement, p. 1, N° 303 n.8 (« Auparavant, il était fait valoir que certains accords ne sont considérés que comme traités selon les dispositions de la Constitution. . .
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. . . . The scientific opinion rejected this view.” Henkin, supra note 22, at 217 (“Whatever its theoretical advantages, it is now widely accepted that the Executive Agreement of Congress is available for broad use, including for general use, and is a complete alternative to a contract. . . .
“); Hathaway, supra note 45, at 1244 (affirms that “the weight of scientific opinion” has been regarded since the 1940s in favour of the idea that congressional contracts and executive agreements are interchangeable); Bruce Ackerman – David Golove, IS NAFTA Constitutional?, 108 Harv. L. Rev. 799, 861-96 (1995) (arguing that the developments of the Second World War changed the historical understanding of the distribution of power among government entities to make a complete alternative a treaty). An executive agreement[1] is an agreement between heads of government of two or more nations that has not been ratified by the legislature, since the treaties are ratified. Executive agreements are considered politically binding to distinguish them from legally binding contracts. In the United States, executive agreements are binding at the international level when negotiated and concluded under the authority of the President on foreign policy, as commander-in-chief of the armed forces or from a previous congressional record. For example, the President, as Commander-in-Chief, negotiates and concludes Armed Forces Agreements (SOFAs) that govern the treatment and disposition of U.S. forces deployed in other nations. However, the President cannot unilaterally enter into executive agreements on matters that are not in his constitutional jurisdiction.
