The Law Treaty Negotiation: A Presidential Monopoly?
Article first published online: 24 JAN 2008
Presidential Studies Quarterly
Volume 38, Issue 1, pages 144–158, March 2008
How to Cite
FISHER, L. (2008), The Law Treaty Negotiation: A Presidential Monopoly?. Presidential Studies Quarterly, 38: 144–158. doi: 10.1111/j.1741-5705.2007.02633.x
- Issue published online: 24 JAN 2008
- Article first published online: 24 JAN 2008
In “The Law” section of the March 2007 issue, I analyzed misconceptions by Justice George Sutherland in his decision in United States v. Curtiss-Wright (1936), where he described the president as “sole organ” in foreign affairs. This article examines his erroneous statements about the president's authority to negotiate treaties. Sutherland stated that the president makes treaties with the advice and consent of the Senate “but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it.” That statement was false when written, false when Sutherland served earlier as a U.S. senator from Utah, and false in contemporary times, especially in light of fast-track procedures that bring both chambers of Congress closer to the negotiation process for trade agreements.