The presidents advanced four sources of constitutional authority: (1) the duty of the President, as Director General, to represent the nation in foreign affairs; (2) the power to receive ambassadors and other public ministers; (3) the Authority as Commander-in-Chief; and (4) the duty to “ensure that laws are faithfully enforced.” These assertions are particularly permanent, are undoubtedly at odds with the powers of Congress and weigh on credibility. It is entirely possible that, in the context of military hostilities authorized by Congress, the President, in his capacity as Commander-in-Chief, may consider it desirable to conclude a ceasefire agreement with an enemy, when that would be subject to congressional control. It may also be necessary for the president, in the military context, to reach an agreement on the protection of troops or the sending of troops. But it is difficult to justify unilateral executive agreements on the basis of these other assertions. The U.S. Supreme Court Pink (1942) found that international agreements, which were concluded in law, have the same legal status as treaties and do not require Senate approval. To Reid v. Concealed (1957), the Tribunal, while reaffirming the President`s ability to enter into executive agreements, found that such agreements could not be contrary to existing federal law or the Constitution. Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification.
Many nations that are republics with written constitutions have constitutional rules on treaty ratification. The Organization for Security and Cooperation in Europe is based on executive agreements. The clause on the appointment of breaks was included in Article II with the obvious expectation that the government would have to work all year, but Congress would generally be away from the capital for months. In the following decades, and until modern times when Congress itself meets most of the year – the somewhat cumbersome wording of the clause seemed to raise two issues on which the Supreme Court first ruled in 2014.