Since the first Congress was convened on March 4, 1789, the United States Senate has carefully retained its simultaneous power in drafting treaties. On August 22, 1789, President George Washington and Minister of War Henry Knox arrived in the Senate Chamber to seek advice from the Senate and approval of a treaty with Indian tribes. While the Speaker, sitting in the Chair chair, and his secretary were waiting, the Senate voted to refer these matters to a committee rather than debate the matter in the presence of the venerable President. Irritated, Washington decided that in the future it would send out written communications on the contracts, setting the precedent that all his successors followed. In the summer of 1787, delegates to the Constitutional Convention debated the structure and responsibilities of a new legislative body. One of the questions they asked was whether the power of contracting lies within the legislative or executive department? Depending on the statutes of the federal government, a contract could be concluded with the agreement of nine of the thirteen states or two-thirds. Some delegates, such as Charles Pinckney of South Carolina, insisted that the Senate, where each state is represented on an equal footing, should have exclusive power to enter into contracts. Alexander Hamilton argued that the executive should exercise powers over external relations and should therefore have the power to enter into contracts „with the Council and the approval of the Senate.“ In the end, Hamilton`s argument proved persuasive. The implementation of executive agreements increased considerably after 1939.
Prior to 1940, the U.S. Senate had ratified 800 treaties and presidents had concluded 1,200 executive agreements; From 1940 to 1989, during World War II and the Cold War, presidents signed nearly 800 treaties, but concluded more than 13,000 executive treaties. To become president, a person must be a naturally born citizen of the United States. Naturalized citizens are not eligible, as are people under the age of 35. In the event that the President is unable to carry out his duties, the Vice-President will be president. Amendment XXII imposed a two-term limit on the presidency. Another view seemed to be the basis of the Supreme Court`s decision in the United States. Belmont,491 gives effect to Litvinov`s allocation. The opinion of Sutherland J.A.
was based on his curtiss-Wright492 opinion. A first instance would have erred in dismissing a complaint filed by the United States as an agent of the Soviet Union for certain funds formerly held by a Russian metallurgical group whose assets had been acquired by the Soviet government. The President`s act in recognizing the Soviet government and the agreements that accompany it represented an international pact that the president, as the „only body“ of international relations for the United States, could enter without consulting the Senate. State laws and policies have also made no difference in such a situation; While the supremacy of treaties is explicitly defined by the Constitution, the same rule applies „in the case of all international pacts and agreements, that full power over international affairs belongs to the national government and cannot and cannot be subject to circumcision or interference by individual states.“ 493 In addition, the Speaker is constitutionally entitled to take breaks if the Senate is not sitting (meaning that these appointments are not subject to Senate approval until the end of the session).