Concluding a Treaty With Iran

On the talking heads programs this morning there’s been quite a bit of loose talk about concluding a treaty with Iran. It might be appropriate to remind people of Article II, Section 2, Clause 2 of the U. S. Constitution:

The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…

In other words for a treaty to become law it must be approved by two third of the Senators voting. That’s not susceptible to a presidential veto.

The president has no obligation to put a treaty up for for vote by “the Congress” but a treaty isn’t a treaty unless it’s approved by the Senate. It’s just a statement of executive opinion.

The Congress has other recourses available to it to prevent treaties from becoming effective as well. For example, it can refuse to fund the implementation or enforcement measures in the treaty. It can also make negotiating very difficult, say, by stripping travel budgets including forcing approval of every trip specifically and seriatim. The Congress’s authority in budget matters is extremely great, that of the House in particular.

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