Comment by Jim Campbell
April 26th, 2019
As he frequently does, our president has played it fast and loose with the facts.
International law is derived from two primary sources—international agreements and customary practice.
Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement.
My fraternity brother, Jake and I always laugh when Trump makes statements that are not able to be substantiated, that Trump may be a side show barker at the circus, but he’s our sideshow barker.
The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role.
First, in order for a treaty (but not an executive agreement) to become binding upon the United States, the Senate must provide its advice and consent to treaty ratification by a two-thirds majority.
Secondly, Congress may authorize congressional-executive agreements.
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