Treaty Clause

Treaty Clause is a provision in the United States Constitution that grants the President the power to make treaties with foreign nations, subject to the advice and consent of the Senate. The clause is found in Article II, Section 2, Clause 2 of the Constitution.

Text

The Treaty Clause states: "He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur..."

Interpretation

The Treaty Clause has been interpreted by the Supreme Court to mean that the President has broad authority to negotiate treaties, but their ratification requires a two-thirds vote in the Senate. This is to ensure a broad consensus on important international agreements.

Historical Context

The framers of the Constitution included the Treaty Clause as a way to balance the powers of the executive and legislative branches in the realm of foreign affairs. It was a response to the perceived weaknesses of the Articles of Confederation, under which Congress had the sole power to make treaties.

Notable Treaties

Several significant treaties have been made under the Treaty Clause, including the Louisiana Purchase, the Treaty of Ghent, and the Treaty of Versailles.

Controversies

The Treaty Clause has been the subject of controversy, particularly in relation to "executive agreements" - international agreements made by the President without the advice and consent of the Senate. Critics argue that these agreements circumvent the constitutional requirement for Senate approval.

See Also

• United States Constitution
• President of the United States
• United States Senate
• United States Supreme Court