A treaty requires consent of two-thirds of senators present; an executive agreement does not. That difference does not mean an agreement is merely a handshake or that it may override any law. Its domestic effect depends on constitutional and statutory authority. Congress may regulate commerce, appropriate or withhold funds, enact sanctions, and pass a later controlling statute. Neither an agreement nor a treaty may override the Constitution, and some international commitments need implementing legislation before courts or agencies can apply them domestically.

Suppose Congress authorizes a sanctions program and directs the president to coordinate enforcement with allies. An agreement allocating enforcement tasks can rest on that statute without a treaty vote. If the agreement promises to spend unappropriated funds or contradicts the statute, however, its international purpose does not supply domestic authority.

Do not choose between treaty and executive agreement by subject alone; both can address defense, trade, or diplomacy. Identify the approval pathway, legal source, required domestic implementation, and conflict rule. An executive agreement is also different from a signing statement, which concerns a domestic bill the president is approving.

Video lesson: Presidential Power: Crash Course Government and Politics #11