Treaties and Executive Agreements in the United States: Their Separate Roles and Limitations

ISBN-13: 9789401504355 / Angielski / Miękka / 1960 / 276 str.

Elbert M. Byrd

Opis

Much of the legal system existing among the members of the society of nations has its origin in treaties and agreements. A substantial share of the mutually-binding precepts governing the relations among independent nations flows from the engage ments to which they subscribe. By crystallizing juridical rela tionships, this world-wide network of compacts helps to stabilize international affairs, and its growth and development are essen tial in the absence of an acceptable alternative law-creating in stitution. From the standpoint of international practice, independent states are empowered to conclude commitments on virtually any subject of mutual interest. Not in all cases, however, does the national government of a country possess internally a treaty making authority coextensive with that of the state under inter national law. Constitutional prescriptions may restrict the range of subjects respecting which treaties may be negotiated, and in addition, as in the case of the United States, the constitutive act may confine the government to a prescribed method of conclud ing international treaties. The problem of American treaty authority and procedure has been under analysis and serious debate since the United States constitutional system was established in the late eighteenth cen tury. As this country increased its participation in international affairs and augmented the network of international arrangements to which it became a party, this fundamental problem has be come increasingly significant."

Spis treści

I. introduction.- II.The Words of the Constitution.- III. The Founding Fathers on Powers for Regulating Foreign Affairs.- The Constitutional Convention 16.- The Federalist Papers 20.- Pamphlets Pro and Con Adoption of the Constitution.- The State Ratifying Conventions 28.- The Jay Treaty Debates 35.- The Louisiana Purchase Treaty 59.- Summary.- IV. The treaties Made by the Founding fathers 68.- V.Treaties and Executive Agreements as Viewed by.- the Supreme Court.- Treaties.- Executive Agreements.- Summary.- VI.The Treaty Power.- Extent of the Treaty Power.- Limitations on the Treaty Power.- Occasion for Use of the Treaty Power 132.- The Senator as a State’s Ambassador with Plenary Powers.- Termination of Treaties.- Summary.- VII.Joint Congressional-Executive Actions.- Methods and Titles 148..- Degree of Interchangeability with Treaties 151.- Occasion for Use of the Congressional-Executive Agreement.- Termination of Congressional-Executive Agreements 162.- Sunmiary.- VIII. Presidential Actions.- Methods and Titles.- In Lieu of Treaty or Congressional Approval.- Occasion for the Use of Presidential Agreements.- Termination.- Summary 177.- IX. Foreign Affairs in A Federal System.- Comparison with Unitary System.- United States Government Compared with Other Federal Governments.- Plenary Powers of Senators.- Intricacy and Excellence of the United States Constitutional System.- X. Conclusions.- Appendices.- A: Major Constitutional Provisions relating to Foreign.- Affairs.- B: Excerpts from the Federalist Papers.- C: Consular Convention with France.- D: The Jay Treaty.- E: Excerpts from New Orleans V. United States, 10 Peters.- 662 (1836).- F: Excerpts from Reid F. Covert, 354 U. S. 1 (1957).- G: Department of State Circular Number 175.