publication . Article . 2000

Law as Treaties?: The Constitutionality of Congressional-Executive Agreements

Yoo, John C.;
Open Access English
  • Published: 01 Jun 2000
  • Publisher: eScholarship, University of California
  • Country: Mexico
Abstract
This article seeks to resolve the debate over the use of a statutory method for approving international agreements in place of the supermajority process required by the Constitution's Treaty Clause. These "congressional-executive agreements," which require only simple majorities in Congress and presidential signature, have become the instrument of choice for entry into some of the nation's most significant international obligations, such as the WTO and NAFTA. Some, such as Bruce Ackerman and David Golove argue that statutes and treaties are interchangeable because a "constitutional moment" occurred at the end of World War II (in which "We the People" non-textual...
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