What is the difference between a treaty and an executive agreement?

What is the difference between a treaty and an executive agreement?

• A. An executive agreement requires Senate approval; a treaty does not require Senate consent
• B. A treaty requires Senate approval; an executive agreement does not require Senate consent
• C. Both require Senate approval
• D. Neither requires Senate approval

Answer: (B)

The key difference is who approves the agreement. A treaty is a formal pact negotiated by the President and must be approved by two-thirds of the Senate before it becomes binding. This requirement comes from the Constitution’s Treaty Clause, making treaties a shared power between the executive and the Senate and giving the Senate a strong role in shaping international commitments.

An executive agreement, by contrast, is an international deal the President can make on his own, without Senate involvement. It rests on the President’s authority to conduct foreign affairs and can cover routine or time-limited matters. Because it doesn’t go through the Senate, it can be quicker to enact and easier to change with a new administration, though Congress may still influence related funding or implementing legislation.