Explain Why a President Might Make an Executive Agreement Rather than Negotiate a Formal Treaty

Presidents have the option to make executive agreements instead of negotiating a formal treaty. While both options can be used to address international relations, there are various reasons why a president might choose the former over the latter.

An executive agreement is a pact made between the president and the leaders of foreign governments. It does not require the approval of Congress and is not considered a treaty. This means that while treaties are binding on future presidents, executive agreements are only binding during the term of the president who created them.

One of the reasons why a president might make an executive agreement instead of negotiating a formal treaty is time. Creating a treaty can be a lengthy process, as it requires consultation with Congress, consultations with affected communities, and formal ratification. This can take up valuable time that a president might not have. In contrast, an executive agreement can be created quickly and easily, allowing the president to address pressing issues without delay.

Another reason why a president might make an executive agreement instead of negotiating a formal treaty is flexibility. Unlike treaties, executive agreements can be modified or terminated at any time, giving the president more flexibility in responding to changing circumstances. This is an important consideration in fast-moving and dynamic international situations where circumstances can change rapidly.

A third reason why a president might make an executive agreement instead of negotiating a formal treaty is confidentiality. When negotiations for a formal treaty are underway, the proceedings are public and subject to media scrutiny. In contrast, executive agreements can be made in private, giving the president more freedom to explore sensitive issues without generating public controversy.

Finally, a president might make an executive agreement instead of negotiating a formal treaty because it can be used to bypass a hostile Congress. If a treaty is unlikely to be ratified by Congress, the president can circumvent this opposition by creating an executive agreement instead. This approach can be particularly useful in situations where time is of the essence, and delay could be damaging.

In conclusion, presidents may choose to make executive agreements instead of negotiating formal treaties for a variety of reasons. They offer greater flexibility, confidentiality, and speed, allowing a president to address pressing issues in a fast-moving, dynamic international environment.