FINDING U.S. TREATIES

In the United States - Constitutional Authority
In the United States, Article II, Section 2, Clause 2, of the U.S. Constitution, confers authority to make treaties. The power to make treaties is federal. (U.S. Const. art. I, § 10, cl. 1). A treaty to which the United States is a party is considered the supreme law of the land. (U.S. Const. art. VI, cl. 2.).

As supreme law of the land, treaties are binding on each state, and will supersede any inconsistent state legislation. Treaties may only be changed by an act of Congress or by subsequent treaties.

The U.S. Constitution provides for the President, with the "advice and consent of the Senate", to make treaties. Because the Constitution requires that both the President and Senate be involved in treaty making -- but does not define what a treaty is -- U.S. courts have developed a narrow definition of the term "treaty". The generally accepted definition is any formal instrument which creates reciprocal rights and obligations between nation-states.

Under U.S. law, the term "treaty" applies only to international agreements (including protocols, accords, pacts, etc.) entered into by the federal government which are ratified by the President after receiving the advice and consent of the Senate. A 2/3 vote in the Senate is required for a treaty to be ratified. The Senate may also add reservations, understandings, or declarations to a treaty.

The President can also enter the U.S. into international agreements, known as executive agreements. Executive agreements are more numerous than treaties. Senate approval is not required for an executive agreement. When an executive agreement is inconsistent with a federal statute, the executive agreement is not valid. Executive agreements are published in official U.S. treaty publications.

The 3 general types of executive agreements are:

1. Treaty authorized agreements: executive agreements entered by the President as required by a ratified treaty.
2. Sole executive agreements: executive agreements entered by the President as required by his executive powers, such as "taking care that the laws be faithfully executed".
3. Congressional-executive agreement: an executive agreement which has been approved by the Congress. This is the most common type of executive agreement.

Finding Aids for U.S. Treaties

U.S. Treaties in Force (KZ235 .U56 - Reference).  This index is also available, and periodically updated, on the Web.

Full Text Sources

United States Treaties and other International Acts Series ("TIAS")

United States Treaties and other International Agreements ("UST")

From Hein Online (available at Downtown Campus and by remote access).

 

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