An executive agreement and executive order are two legal terms that are often used in the political world. These two terms are used by the US government to establish policies or agreements that impact the country`s governance. Although these terms might sound similar, they are not interchangeable and there are some important differences between the two.
Definition of Executive Agreement
An executive agreement is an agreement between the US government and a foreign government, corporation or organization where the agreement is not formally ratified by the US Senate. Executive agreements can take many forms such as trade agreements, arms control agreements, or agreements on environmental issues. Executive agreements are often negotiated by the president of the United States, or an authorized representative, and are considered binding in the same way as a treaty.
Definition of Executive Order
An executive order is a directive issued by the president that has the force of law and is used to establish policies, procedures, and regulations for the executive branch of the government. Executive orders are often used by presidents to address issues that Congress has not or cannot address. Some of the most famous executive orders in history include the Emancipation Proclamation and the New Deal.
Differences between Executive Agreement and Executive Order
1. Scope – Executive agreements are usually limited in scope and must be related to foreign policy issues, while executive orders can apply to a wide range of issues, including domestic and foreign policy.
2. Legal Authority – The legal authority for executive agreements is derived from the president`s constitutional authority to conduct foreign policy, while an executive order is derived from the president`s constitutional authority to execute the law.
3. Ratification – Executive agreements do not require Senate ratification, while treaties do. Executive orders are not subject to ratification by Congress.
4. Duration – Executive agreements are usually of limited duration and can be terminated at any time by the president. Executive orders do not have a set duration but can be revoked by a subsequent president.
5. Enforcement – The enforcement of an executive agreement is largely dependent on the good faith of the parties involved. Executive orders can be enforced through the courts or by the executive branch of the government.
In conclusion, both executive agreements and executive orders are essential tools that the president of the United States uses to establish policies and agreements. Although these two legal terms might seem similar, they have different legal authority, scope, and enforcement mechanisms. Understanding the differences between these two legal terms is essential for anyone interested in the US government`s policymaking process.