Executive Agreement Vote

The OTCA also provided that the NTB agreements negotiated under the statute could not enter into force for the United States unless the agreements were submitted to Congress at the same time as an enforcement law and the bill was put into effect2. which contains. , including a provision authorizing trade agreements or trade agreements and, if changes to existing legislation are necessary, provisions “necessary or proportionate for the implementation of such trade agreements or agreements … either repeal or amend existing laws, or create new legislative powers. 4 This is the provision authorizing the agreement or agreements, as soon as it has been adopted, which makes the Uruguay Round agreements as well as NAFTA, other free trade agreements and previous GATT-related agreements in Congress and the Executive Branch.5 Adopted on 26 May 1960, by 77 votes to 4; It was immediately followed by a request for reconsideration and, in the second vote, the treaty was rejected by 49 votes to 30; The second proposal for reflection was submitted on 27 May 1960, but it was not accepted; The treaty remained on the timetable of the Committee on Foreign Relations until the year 2000, when it was returned to the President. One of us (Hathaway) has previously argued that the Article II procedure is outdated and that it is better for the agreements to be put to majority votes in both houses of Congress than to elect a super majority in the Senate. But what is important is that it does not happen. Ex-post agreements between Congress and the executive branch (approved by Congress after negotiations) are extremely rare – even rarer than Article II treaties – and are mainly used for trade agreements. (The agreement proposed by the Trump administration between the United States, Mexico-Canada, which will replace NAFTA, will go through this process.) Instead, almost all agreements between Congress and the executive branch are based on a so-called “ex ante” of legal authorization. These agreements are generally based on laws that were passed many years or even decades before the agreement, and are not subject to meaningful legislative verification or approval.