Background: "Executive Agreement" - Without Senate Approval

Aaron Lerner Date: 16 April 2004

"A source in the American government said this evening that the Bush
declaration obligates all administrations and is an official "executive
agreement" in every respect."

So triumphantly proclaimed Israel Television Channel One Mabat Evening News
anchor Chaim Yavin on the 15 April broadcast.

Under 11 FAM 720 "Negotiation and Signature" - State Department Circular No.
175, December 13, 1955 as amended (known as the "Circular 175 Procedure")
the president can indeed make an "executive agreement" that is an
"international agreement other than a treaty" that is pursuant to his
constitutional authority as Chief Executive to represent the nation in
foreign affairs and the executive agreement is valid without requiring the
approval of the Senate.

[ http://foia.state.gov/masterdocs/11fam/11m0720.pdf ]

An "executive agreement" does indeed obligate all administrations - but it
only takes the stroke of a pen of a president on another "executive
agreement" to rescind the previous "executive agreement".

In sharp contrast, a treaty approved by the Senate (approval requires a
two-thirds majority) can only be rescinded by Senate vote - also with a
two-thirds majority.

If President Bush decides to make his letter an "executive agreement" it
will only be valid for as long as an American president wants it to be.

Dr. Aaron Lerner, Director IMRA (Independent Media Review & Analysis)
(Mail POB 982 Kfar Sava)
Tel 972-9-7604719/Fax 972-3-7255730
INTERNET ADDRESS: imra@netvision.net.il
Website: http://www.imra.org.il