Executive agreement
An executive agreement is a kind of treaty peculiar to the United States. It is similar to a treaty in that it binds both the United States and a foreign state; however, unlike formal treaties, they do not become the "supreme law of the land," and the President of the United States can make them without the advice and consent of the Senate. Thus, they are more terms of agreement between governments instead of being binding on the citizens, which is why Senatorial advice and consent is not needed.
An executive agreement can only be negotiated and entered into through the president's authority (1) in foreign policy, (2) as commander-in-chief of the armed forces, or (3) from a prior act of Congress. For instance, it is as commander-in-chief that the President negotiates and and enters into status of forces agreements (SOFAs), which govern the treatment and disposition of U.S. forces stationed in other nations. An executive agreement, however, cannot go beyond the President's constitutional powers. If an agreement was in the competence of the United States Congress, it would need to become a congressional-executive agreement or a treaty with Senate advice and consent. If an agreement was neither within the competence of Congress nor within the competence of the President, it could still be adopted by the President/Senate method but must not conflict with the United States Constitution.
Executive agreements are distinctly American and are a product of the Constitution. It is not completely clear, legally, when a "treaty" should be used and when an "executive agreement" is appropriate, but a fair amount of historical practice provides guidance on the matter. The Case Act requires the president to notify Congress of any executive agreements that are formed.
Examples of executive agreements include SALT I and GATT.
See also: Congressional-executive agreement
