Question

The President of the United States and the leader of a bordering foreign nation agreed that each should appoint three members to a special joint commission to deal with a wildlife problem. The President of the United States, acting in concert with the foreign leader, named the joint commission as a permanent enforcement agency for the regulations that were adopted by both nations. Although the President received prior congressional authorization to enter into this agreement, the Senate did not ratify the agreement by a two-thirds vote. The President then entered into an executive agreement with the foreign leader whereby the joint commission was granted adjudicative as well as enforcement powers with respect to a particular issue. Is the executive agreement by the President valid?

Answer 1

Answer:

Yes, the executive agreement by the President is valid

Explanation:

An executive agreement is an agreement between the United States (made by the current president) and a foreign government that has the same force as treaties but that is less formal, does not necessarily bind the president's successor and does not need to be ratified by two-thirds of the U.S. Senate in order to become valid like treaties require.

This presidential power is not specifically stated in the U.S. Constitution, however, the president is authorized to have it as one of their powers in the area of foreign affairs. Therefore, the executive agreement that the President made with the foreign leader is completely valid.