Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
Index
Note: Numbers in italics indicate ‹gures.
Ackerman, Bruce, 81
action memo, 83
ad hoc typology, 167
advice and consent process, explaining
delays in, 144–49
agreement classi‹cation process, 79,
82–84, 191–92
agreements pursuant to a treaty, 42–43
Agricultural Adjustment Act, 39
alliances, 48
American Bar Association, position on
Genocide Convention, 123–24, 125
American Treaties and Alliances (Congressional Quarterly), 62–63
Anti-Ballistic Missile (ABM) Treaty of
1972, 35–36, 131, 148, 167
arms control, 48
arms control agreements, 60, 72, 167
Arms Control and Disarmament Act, 72
Article II treaties, 42, 44, 45
Articles of Confederation, treaty powers
vested in Congress and states, 26
Atomic Energy Act, 170
Axelrod, Alan, 63
Baker, Howard, 117–18, 120
Baker, James A., III, 78
Bartlett, Dewey, 113, 116, 117
basing agreements, 83
Bay of Pigs Invasion, 101
bicameral consent, 166–67
Biden, Joseph, 72–73, 141, 195
Biden Condition, 36
Binder, Sarah, 199
Bond, Jon, 197
Boumediene v. Bush, 207n17
Bretton Woods Agreement of 1945, 43
Bricker, John, 44–45
Bricker Amendment of 1954, 17, 44–46,
60, 124, 125, 168
Bricker revolt, 44–46, 94
Bunau-Varilla, Philippe Jean, 110
Bush, George H. W., 1, 204n8, 48,
133
agreement with Soviet Union on
chemical weapons reduction, 56,
78–79
rati‹cation of the Genocide Convention, 128
signing Chemical Weapons Convention, 136, 210n6
Bush, George W.
and ABM Treaty, 206n9
arms deal with Saudi Arabia, 196
bilateral agreement with India on civil
nuclear cooperation, 73–76
claiming to hold inherent war powers,
36–37
241
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
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The University of Michigan Press, 2009.
242 | Index
Bush, George W. (continued)
handling of Moscow Treaty, 71–73, 75,
167
and Kyoto Protocol, 205n5
leaning heavily in direction of unilateral presidential action, 188
limited fast-track trade authority after
NAFTA, 180
negotiating free trade agreements with
Latin America, 170–71
support for Law of the Sea Treaty,
195
unilateral foreign policy approach of,
202
withdrawing from Anti-Ballistic Missile (ABM) Treaty of 1972, 35–36,
202, 206n9
Bush administration (George W.)
free trade agreements with Latin
America, 170–71
military tribunals of, 31, 36–37
unclear on treaty priorities, 141
wanting to discard CTBT, 133–34
Butler, Pierce, 31
Byrd, Robert, 11, 114, 117, 120, 133,
142
CAFTA. See Central American Free Trade
Agreement
Carter, Jimmy, 206n9
attempting to revive Genocide Convention, 125
committing administration resources
to support of the Panama Canal
Treaties, 119
and the Panama Canal Treaties, 30,
108, 112, 114–15, 141
SALT II negotiations, 56, 77, 78, 79,
167, 205n5
withdrawing from 1954 Mutual Defense Treaty with Taiwan, 35
Case-Zablocki Act of 1972, 17, 46–48,
54–55, 57, 61–62, 65, 67, 94, 168,
169, 224n6
Central American Free Trade Agreement
(CAFTA), 11, 48, 170–71, 224n10
Chemical Weapons Convention (CWC),
34, 131, 133, 136–38, 210n6
Church, Frank, 47
Clinton, Bill
on defeat of CTBT, 9, 129, 132–33
focus on START II, 136
and Kyoto Protocol, 205n5
limited fast-track trade authority after
NAFTA, 180
on logic of CTBT, 128, 130
pushing for passage of CWC, 136–38,
140
relations with U.S. Senate, 129
securing congressional approval of
NAFTA, 170
signing Law of the Sea Treaty, 194–95
Clinton administration
Flank Document Agreement to the
Conventional Armed Forces in Europe Treaty, 77–78
negotiation of CTBT as priority of, 130
treaty agenda, 140
cloture, threats of, 127, 142
Cold War, 61, 65, 67, 99–101, 149, 154
commercial agreements, requiring House
involvement, 168
committee politics, 108, 143
commodities agreements, 207n22
Comprehensive Nuclear Test Ban Treaty
(CTBT), 17, 34, 128–34
C175 procedure, 82–83, 169, 191
Congress
giving formal consent, for presidents to
use executive agreement, 16
reasons for allowing use of executive
agreements, 13–15
role of, in constraining presidential
actions, 168–71
See also U.S. House of Representatives;
U.S. Senate
congressional-executive agreements, 30,
42–43, 81–83, 164, 169–70
appropriate times for use of, 80,
166–67
bicameral approval for, 170, 183
trade agreements completed as, 48,
180, 183
uses for, 196
congressional hearings, on international
agreements, 171–83
congressional leaders, agenda-setting
roles of, 146
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
Index | 243
consent failure, 150
conservatives
in Senate, responses to treaties, 60, 85
as SFRC chairs, more likely to drag out
treaty process, 152
suspicions of, regarding presidential
treaty making, 146
Constitutional Construction: Divided Powers and Constitutional Meaning
(Whittington), 19
consulates, 100, 101, 103
See also U.S.-Soviet Consular Treaty
Convention against Torture, 37
Convention on the Political Rights of
Women, 141
Convention on the Prevention and Punishment of the Crime of Genocide.
See Genocide Convention
Conventional Armed Forces in Europe
Treaty, 215n19
Cooper, Joseph, 199
CS-NOMINATE score, 63, 89, 150,
212n22, 220n2
CTBT. See Comprehensive Nuclear Test
Ban Treaty
Cuban Missile Crisis, 101, 130
Current Treaty Index, 210–11n13
Curtis, Carl, 107
CWC. See Chemical Weapons Convention
Dames and Moore v. Reagan, 80–81,
203n1
Daschle, Tom, 132, 137
Delegating Powers (Epstein and O’Halloran), 13
delegation of power, 12–13, 38–39, 165,
172
democracies, requiring pursuit of coherent international policies, 200
democracy, implications for, 200–201
Destroyers for Bases Agreement of 1940,
6, 39–41, 210n2
Dirksen, Everett McKinley, 100, 102,
106–7
divided government, 53, 54, 87, 145, 161,
179
Dole, Bob, 127, 137
Domenici, Pete, 132
domestic politics
effect on choice between treaties and
executive agreements, 55–56, 79–80
effect on treaty negotiations, 98, 216n4
in›uencing handling, of U.S. Soviet
Consular Treaty, 105–8
Dorgan, Byron, 131
Durenburger, Dave, 126
economic agreements, 39, 181
economic treaties, 154
Edwards, George, 197
ef‹ciency
institutional incentives for, 13–17
role of, in using executive agreements,
55–58, 79, 86
ef‹ciency framework, helping to explain
presidential decisions, 90
ef‹ciency hypothesis, on executive agreements, 59–61, 65, 68, 69
Eisenhower, Dwight D.
during the Bricker revolt, 44–45
on ›ying ›ags in Panama Canal Zone,
111, 116
on need for nuclear test ban, 129
opposed to Genocide Convention, 124
support of the U.S.-Soviet Consular
Treaty, 105
Eisenhower administration, attempting
to improve relations with Soviet
Union, 101
embassies, 100
Ervin, Sam, opposed to Genocide Convention, 125
evasion hypothesis, 4–5, 8–9, 15, 49, 50,
53, 55, 59, 79, 93, 211n15
exchange theory, 198
executive agreements
allowing added ›exibility, 75
analyzed, as percentage of all international agreements, 64–65
completed unilaterally by presidents,
1–2
conditions for more likely use of, 68
congressional bene‹ts of, 49
considered as policy innovation, 53–55
democratic outcome of, 200–201
dominant explanation for rising use of,
4–9
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
244 | Index
executive agreements (continued)
ef‹ciency of, 15, 52, 58, 59, 67, 79,
86–87, 166, 184
as ef‹cient policy-making tool, 49–50
emerging as policy innovation, 2, 24,
207n19
eroding signi‹cance of treaty power,
8–9
evolving with Congress’s consent, 28
explaining shift in treaty politics, 35
hearings on, by chamber, 177
increasing foreign policy in›uence of
the House, 49
in›uence on, of institutional change,
199–200
interchangeability of, with treaties, 10,
20, 39, 80–82, 96
legal scholars’ nuanced view of, 190
making House a player in international
agreements, 184
more likely use of, during divided governments, 53
overwhelming modern use of, 2–3, 48,
185–86
as part of president’s unilateral powers,
7
as percentage of international agreements, 42
as policy innovation, 84
presidents required to submit for congressional approval, 170
process of, 30
as rational adaptation to complex foreign policy environment, 187–88
reporting to Congress, 47–48
reversible by subsequent presidents,
133
rise in, 10, 37–43, 55–58, 59, 61, 76, 165
Senate approval of, 96–97
as strategic devices, 84–85
trumping state law, 203n1
types of, 30, 42–43, 62, 83, 208n27
usage rates for, 51
use in›uenced by number of nations
in relations with United States, 61
used for consequential international
agreements, 3
used to circumvent Senate, 56–57,
84–85, 96
executive branch, congressional mistrust
in, during Vietnam War, 46
executive orders, 4, 7, 8, 55, 87, 94, 198
executive power
expansion of, 6–7, 14–15
interpretations of, 40
pushing boundaries of, 50, 192–93
as subject of dispute by framers, 26–27
suspicion of, 46
executive prerogative, dangers of, in making international agreements, 26
executive vesting clause, 27
extradition agreements, 213n4
extradition treaties, 83, 214n8
federal power, suspicion of, 46
Federalist Papers, excluding House from
treaty process, 26
Field v. Clark, 38, 39
Fisher, Louis, 14, 27–28
‹sheries agreements, 83, 170
Flank Document Agreement to the Conventional Armed Forces in Europe
Treaty, 36, 77–78
Fleisher, Richard, 197
Ford, Gerald, 112, 115
Foreign Affairs Manual, 82–83
foreign policy, effectiveness of, when pursuing mutually bene‹cial goals,
198
France, beginning to build waterway
across Panama, 109–10
Fulbright, J. William, 46, 100, 107, 160–61
General Agreement on Tariffs and Trade,
3, 48
Geneva Conventions, 31, 36–37
Genocide Convention, 17, 34, 121–28,
131, 207n15
George Amendment, 44, 45
Glennon, Michael, 26
Gold Reserve Act of 1934, 39
Goldwater, Barry, 35, 105
Goldwater v. Carter, 31, 206n8
Golove, David, 81
gridlock, divided government’s contribution to, 145–46
See also treaty gridlock
Guantanamo Bay, 202
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
Index | 245
Hamdan v. Rumsfeld, 31, 36, 202
Hamilton, Alexander, 187
desiring legislative involvement in international agreements, 26
exchange with Madison over executive
power, 27
on the executive vesting clause, 27
Hay, John, 110
Hay–Bunau-Varilla Treaty, 110
Hay-Pauncefote Treaty of 1900, 32
hazard models, 151
Helms, Jesse, 60, 72, 122, 126–27, 142,
194
effect of, on treaty gridlock, 160
involvement in CTBT negotiations,
130–31
obstructionist actions on CWC, 137
opposed to Law of the Sea Treaty,
195
treatment of Clinton’s foreign policy
proposals, 129
unanimous consent agreement on
CWC, 137
Herran, Tomas, 110
Hicks, W. B., 105
high politics, 89, 90, 148–49, 181
historical context, role of, in treaty approval process, 149
Hoover, J. Edgar, 100, 103, 104
Howell, William, 198
human rights, 48
human rights treaties, 60, 122, 123
Hutchinson, Tim, 132
ideology, role of
in action on the Genocide Convention,
123, 125, 128
in action on the U.S.-Soviet Consular
Treaty, 108
in the alternative use of executive
agreements, 60, 91
in votes on Panama Canal Treaties, 121
imperial presidency, 5–6, 9–10, 20, 186,
190, 197
reasons for executive agreements not
supporting concept of, 70
India, bilateral agreement with United
States on civil nuclear cooperation,
1, 73–76
Inhofe, James, 132
INS v. Chadha, 224n9
institutional change, 58, 199–202
Inter-American Convention on Granting
of Political Rights to Women,
220n10
interchangeability doctrine, 80–81
Intermediate-Range Nuclear Forces
Treaty, 36, 142, 147
international agreement process, congressional abuse of, 17
international agreements
congressional committees addressing,
181–83
congressional hearings on, 171–83
at core of foreign policy, 3
House and Senate hearings on, by
agreement domain, 182
important, different from larger set of,
65–70, 88, 90–92, 169
investigative hearings on, by chamber,
179
legislative hearings dealing with, 179
oversight hearings on, by chamber, 178
prominent policy role of, 24
International Atomic Energy Agency
(IAEA), 73
international complexity
encouraging use of executive agreements, 91, 93
in›uence of, on executive agreements,
87
international context, role of, in use of
executive agreements, 61
international credibility, lost with treaty
delays, 141–42
internationalism, 33–34, 37, 38, 108, 146,
160
international politics, signaling theory
and, 85–86
investigative hearings, 172, 178
isolationism, 34, 85, 100, 123, 125
Isthmian Canal Commission, 109–10
Jackson, Andrew, 109
Jackson, Henry, 46
Jackson, Robert H., 40
Jay, John, arguing against delegating
treaty power to the president, 26
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
246 | Index
Jay Treaty, 25, 28, 32
Jefferson, Thomas, 185
Johnson, Lyndon, 1, 46
desire of, to improve U.S.-Soviet relations, 101–2, 103–4
favoring Genocide Convention, 124
negotiating on binational commission
to run Panama Canal, 111
secret executive agreements during the
Vietnam War, 46, 77
and the U.S.-Soviet Consular Treaty,
99, 102, 104–5, 108
Johnson, Robert, 44
Jones, Charles, 197
Kasenkina, Oksana Stepanovna, 100
Kellogg-Briand Pact of 1928, 34
Kennedy, John
favoring Genocide Convention, 124
popularity of, 147
public lobbying for nuclear test ban
treaty, 147
secret executive agreements during the
Vietnam War, 77
submitting Limited Test Ban Treaty,
140
Kennedy administration
signing of Limited Test Ban Treaty, 130
U.S.-Soviet relations during, 101 (see
also Cuban Missile Crisis)
Khrushchev, Nikita, 1, 217n6
killer amendments, 107, 142
King-Hawkesbury Convention of 1803,
32
Kissinger, Henry, 111, 115
Kosovo Military Technical Agreement, 3
Kucinich v. Bush, 36, 202
Kyoto Protocol, 131, 205n5
law of anticipated reactions, 55
Law of the Sea Treaty, 194–95
Laxalt, Paul, 118–19
League of Nations, 17, 33–34, 37
legal interchangeable theory, 215n18
legal treaties, 154, 155, 158
legislative gridlock, 54
legislative hearings, 172
liberals, typically promoting internationalism, 146
Liberty Lobby, 100, 102–3, 105–6
Limited Test Ban Treaty, 140, 147, 220n7
Litvinov Agreement of 1933, 41, 203n5
Locke, John, 6
Lodge, Henry Cabot, 32, 205nn1, 3
Lott, Trent, 131–33, 137
low politics, 148
Lugar, Richard, 127, 132, 195
Madison, James, 26, 27
Mans‹eld, Mike, 107
Martin, Lisa, 198
Mayer, Kenneth, 198
McCarthy, Eugene, 105
McKinley, William, 33, 109–10
McKinley Tariff Act of 1890, 38
McNary, Charles, 40
Medellin v. Texas, 204n8, 205–6n7
Military Commissions Act of 2006, 36–37
Mondale, Walter, 119
Moore, Frank, 113
Morton, Thruston B., 104, 106–7
Moscow Treaty (Strategic Offensive Reductions Treaty [SORT]), 71–73, 75,
167
Moynihan, Daniel Patrick, 132
multilateral agreements, 88, 90
Mundt, Karl E., 105, 107
Mutual Defense Treaty (1954), 35
mutual legal assistance, agreements concerning, 213n5
NAFTA. See North American Free Trade
Agreement
Neustadt, Richard, 12, 197
Neutrality Acts, 39
Neutrality Proclamation (Washington),
27
Neutrality Treaty. See Treaty concerning
the Permanent Neutrality and Operation of the Panama Canal
New York Times, agreements covered in,
more likely to be completed as
treaties, 91
Nixon, Richard, 46, 148
basing agreements, 47
and Convention on the Privileges and
Immunities of the United Nations,
220n5
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
Index | 247
engaged in bilateral talks on the
Panama Canal, 111
involvement with SALT agreement, 56,
72, 78, 79, 167, 205n5
pushing for adoption of Genocide
Convention, 124, 207n15
secret executive agreements during the
Vietnam War, 46, 77
nonlegislative hearings, 171–72, 177–78
norms-related agreements, House vs.
Senate interest in, 181
norms treaties, 154, 155–56, 158
North American Free Trade Agreement
(NAFTA), 3, 11, 48, 170, 180, 196,
225n14
Ntakirutimana v. Reno, 213n6
nuclear cooperation, executive agreements for, 170
Nuclear Nonproliferation Treaty (NPT),
73
Nuclear Test Ban, 34
nuclear testing, banning of, 129–30
Of‹ce of the Assistant Legal Adviser for
Treaty Affairs, 76, 82–83
Olney, Richard, 32
Omnibus Trade and Competitiveness Act
of 1988, 16, 170
oversight, congressional, 13, 30, 89, 165,
184
hearings, 172, 177–79
Panama Canal
interest in building, 109–10
pacts negotiated for binational commission to run, 111
Panama Canal Treaties, 34, 108,
111–21
battle over funding of, 30
consent process for, in United States
and Panama, 114
›oor debate and ‹nal passage of,
119–21
opposition to, 116–19
Panama Canal Zone, 110, 112
Panama Re‹ning Co. v. Ryan, 207n21
Paris Peace Accords, 3
partisanship, higher levels of
effects on treaties’ passage, 158–60
increasing treaties’ duration in committee, 152–54
Pell, Claiborne, 136–37, 160
Pelosi, Nancy, 171
persuasion, president’s use of, with Congress, 12
Peterson, Mark, 12, 197
Pivotal Politics (Krehbiel), 145–46
pivotal politics theory, 143, 161–62
pivotal senator, 65–66, 210n10
See also treaty pivot
policy preferences, role of, in choosing
executive agreements, 59
political context, role of, in decision to
use executive agreements, 60
political parties, importance of, in treaty
process, 33, 145–47, 161
political situation, in›uence of, on executive agreements, 64
Powell, Colin, 72
prerogative powers, 6
presidency, modern, imperial nature of,
51
presidential agreements, 81, 166
presidential approval ratings
in›uence on treaty gridlock, 147–48,
154
in›uence on use of executive agreements, 54, 60, 64–65, 66–68, 85, 92
presidential decision making, methodology for studying, 87–90
presidential executive agreements,
214n16
presidential partisans, number of, related
to use of executive agreements,
65–66
presidential power
literature on, 197
unilateral theories of, 5–7
Presidential Power: Unchecked and Unbalanced (Crenson and Ginsberg),
4–5
presidents
allowed wide latitude in choosing
forms of international agreements,
76
approval ratings of, 85
behaving according to perceived constraints on treaty process, 191
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
248 | Index
presidents (continued)
choice between treaty and executive
agreement as political question, 81
choosing whether to formalize international agreements, 77–79
considering domestic and foreign politics in handling executive agreements, 48, 49
deciding on treaty rati‹cation, 29
domestic rami‹cations for, of international agreements, 186–87
evading constitutional process in use
of executive agreements, 51–52
formally transmitting treaty documents to the Senate, 29
ideological distance to pivotal senator,
65–66
inclined to complete treaty negotiation
before seeking advice and consent,
32
involvement only in certain agreements, 83–84
maintaining prerogative to terminate
and interpret treaties, 35
modern, opting for executive agreements, 30
monopoly of, on treaty negotiation, 28
multifaceted relationship with Congress, 10–11
popularity of, in›uence on treaties’
progress, 147–48, 151, 152, 154
potentially viewed ineffective if treaties
stagnate in Senate, 140
preferring congressional-executive
agreements to treaties, 49
preserving policy innovation of executive agreements, 93–94
public lobbying by, 147
recognizing congressional constraints,
8, 168, 170–71
recognizing power of SFRC chair,
191
resources of, in treaty making, 147–48,
151, 152
retaining power of treaty interpretation and termination, 31
role of, as chief diplomat, 27
speeches of, in support of treaties, 147,
151, 156, 158
taking treaty route when an agreement
is salient in the media, 86, 89
too-aggressive use of executive agreements, 16–17
understanding signi‹cance of their decisions on agreements and treaties,
93
use of unilateral powers by, 94
Pressler, Larry, 142
process hearings, 172
Proxmire, William, 127
Putin, Vladimir, desiring formal treaty
status for Moscow Treaty, 71, 72
Quadripartite Agreement of 1971, 3
Reagan, Ronald
Intermediate-Range Nuclear Forces
Treaty, 147
on the Panama Canal, 112, 115, 116
refusal to sign Law of the Sea Treaty,
194
support for Genocide Convention,
125–26, 127, 134
Reagan administration, reinterpretation
of ABM Treaty, 36
reciprocal trade agreements, 38–39
Reciprocal Trade Agreements Act of 1934,
38
Reid v. Covert, 80, 203n1
Restatement of the Law Third, Foreign Relations Law of the United States, 80
Reynolds, Ethel, 105–6
Robles, Marco Aurelio, 111
Roosevelt, Franklin, 17, 186
adopting modern form of executive
agreement, 17, 38
concern for the process of consent,
40–41
expansion of presidential powers
under, 6–7
holding expansive view of executive
powers, 38–41
recognizing the Soviet Union by sole
executive agreement, 41
resisting pressure to take treaty route
before World War II, 78
use of executive agreements prior to
World War II, 39–41, 53
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
Index | 249
Roosevelt, Teddy, 33, 144
Roosevelt administration (Franklin)
change in the treaty consent process
during, 35, 186
increased use of executive agreements
during, 53
Rudalevige, Andrew, 6–7
RUDs (reservations, understandings, or
declarations), 205n3
Rusk, Dean, 115
salience
assessment of, 86, 87, 89
effect of, on completing agreements as
treaties, 91, 92–93
SALT agreement, 56, 78
SALT II agreement, 34, 56, 77, 78, 79,
167
Schlesinger, Arthur, 2, 39–41
security treaties, 154–55
self-executing treaties, 205–6n7
Senate Foreign Relations Committee
(SFRC)
chair of, 59–60, 65, 66, 68, 91–92, 146,
160–61
hearings on the Panama Canal Treaty,
115
interviews with staffers of, 189–90
most prominent hurdle for president
seeking consent on controversial
treaty, 85
presidential consideration of, 56
as roadblock in treaty process, 54
role of, in delaying treaty process,
142–43
taking up Genocide Convention,
125
treaty delay occurring in, 98, 152–56
on the U.S.-Soviet Consular Treaty,
105, 106
Senate polarization scores, 33
senators, conservative, response to use of
executive agreements, 67
separation of powers, impact on, of executive agreements, 13, 18–19, 24–25,
40
shared power, principles of, need to bring
back, 188, 197–98
signaling theory, 85–86, 88, 90
Silver Agreement (1933), 39
Singh, Mahmohan, 1, 73
Smith, Margaret Chase, 108
Smith, Robert, 113, 132
Smoot-Hawley Tariff, 34
sole executive agreements, 18, 30, 42, 54,
166
sovereignty, perceived threat by human
rights treaties, 123
sovereignty treaties, 154
Soviet Union
agreement with, on chemical weapons
reduction, 78–79
fear of, 102
Spanish-American War, 33, 109
Spooner Act, 110
states, restrictions on entering into international agreements, 26
statutory agreements, 43
See also congressional-executive agreements
Strategic Arms Reduction Talks (START
II), 136
Strategic Defense Initiative, 36
strategic perspective, on executive agreements, 64
supermajority requirements, making pivotal politics more critical, 162
Sutherland, George, 27, 41
Symms, Steven, 122, 126–27
Tack, Juan, 111
Talmadge, Herman, 107
tandem institutions perspective, 12
tax agreements, 213n5
tax treaties, 83, 214n8
Thurmond, Strom, 108
Torrijos Herrera, Omar, 111, 112, 114,
117–18
Trade Act of 1974, 170
trade agreements, 166
completed as congressional-executive
agreements, 48
executive agreements for, 170
leading to increased use of executive
agreements, 38
treaties
adding reservations and understandings to, 107
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
250 | Index
treaties (continued)
advice and consent (rati‹cation)
process for, 28–29, 97–99
approval failure, rare events logit for,
159
characteristics of, in›uence on approval process, 148–49, 154–55
consent procedure for, considered for
both legislative chambers, 37
consent process for, 8, 158–61
delays affecting presidents’ foreign policy, 138, 139–40
delays in, dynamics of, 138–43
delays resulting in renegotiations,
141
duration of rati‹cation process for,
138–40
emergence of new legal doctrine on,
188
explaining delays in advice and consent process, 144–49
facing Senate delays before consent,
34–35
failure of, related to SFRC chair’s ideology, 160, 163
›oor failures, 144
hearings on, by chamber, 176
interchangeability of, with executive
agreements, 80–82
involving commercial interests or disposition of territory, 29–30
in modern era, 34–35
more likely to be used with high-stakes
issues, 85–86
more likely when presidential approval
is high, 85
not politically interchangeable with executive agreements, 10, 20
numbers of parties to, in›uence on
Senate behavior, 148
outcomes in›uenced by preferences of
key institutional players, 162–63
outcomes not subject to actions of future presidents, 133–34
partisan ‹ghts over, 33
percentage of, failing to receive Senate
consent, 34
pivotal players in, 146–47, 152
predicted durations of, from transmittal to committee report, 155
predicted probability of failure, with
speci‹c SFRC chairs, 160
pressure to complete agreements as,
77–78
pro forma consent to, 96–99
providing foreign partners with indicators of U.S. credibility, 79
requiring legislation or spending of
money, 29
Senate’s power related to, 201
serving important purposes within
shared power system, 202
signaling theory and, 85–86
survival model for, delay from committee to Senate ›oor, 157
topics of, in›uence on Senate behavior,
148–49
Treaties and Other International Agreements: The Role of the United States
Senate, 205n4
Treaty concerning the Permanent Neutrality and Operation of the Panama
Canal (Neutrality Treaty). See
Panama Canal Treaties
treaty consent, early studies of, 143–44
treaty gridlock
in committee, 152–56
consent delay as indicator of, 139
occurring at committee stage, 149
politics of, 152–61
on the Senate ›oor, 156–58
treaty implementation hearings, 172,
179
treaty interpretation, 31, 36–37
Treaty of Versailles, 17, 28, 32–34, 142,
144
treaty pivot, 150
crucial role of, 146–47
effects of, when ideologically different
from president, 160
See also pivotal senator
treaty politics, summation of, 193–94
treaty power
constitutional perspective on, 25–31
as presidential monopoly, 24
treaty process
changes in, 25
pro forma nature of, 55
treaty rati‹cation hearings, 172, 177
treaty termination, 31, 35–36
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
Index | 251
Truman, Harry, 17, 43, 123
and Convention on the Privileges and
Immunities of the United Nations,
220n5
and Genocide Convention, 122–24,
206n13, 207n15
and St. Lawrence Seaway agreement,
210n7
Truth Squad, formed in opposition to
Panama Canal Treaties, 118–19
unanimous consent agreement, used during CTBT negotiations, 131–32
uni‹ed government, positively related to
rise of executive orders, 94
unilateral presidency, 5–7
United Nations
approval of Genocide Convention,
122–23
Charter of, 43
growth in members of, 64, 65, 67
Universal Declaration of Human
Rights, 45
United States v. Belmont, 41, 204n5
United States v. Curtiss-Wright Export
Corporation, 41, 204n5
United States v. Guy W. Capps, Inc., 80,
203n1
United States v. Pink, 41, 203n1, 204n5,
208n25
United States v. Stuart, 206n10
U.S. Congress
adapting in response to increased environmental complexity, 58
amenable to use of executive agreements, 52
retaining authority to resist executive
action, 80–81
wanting more treaties than executive
agreements, 47–48
U.S. Constitution
Article I, 25
Article II, 2, 17–18, 25, 185, 188,
202
Article III, 25
Article VI, 25
changing interpretations of, 18–19
dual nature of, 19
establishing treaties’ legal signi‹cance,
25
intending the president to share treaty
power with the Senate, 25, 26
providing rule for judiciary in making
treaties, 25
treaty power as domain of national
government, 25–26
U.S. House of Representatives
bene‹ting from rise in executive agreements, 165, 195–96
given direct say in international agreement process, 167
hearings in, related to Panama Canal
Treaty, 115
hearings on international agreements,
173, 175
ignored for its role in international
agreements, 164
increased foreign policy in›uence of,
49
interest of, in executive agreements,
175–76, 178–79
interested in economic agreements,
181
involved in oversight, investigatory,
and economic arenas, 165
involvement with oversight hearings,
179
involvement with treaties, 167–68,
175–77, 180
legislative approval of congressionalexecutive agreements, 30, 168–71
oversight and investigatory hearings
by, 30
refusing to fund a treaty, 201
role of, after treaty rati‹cation, 29–30
U.S.-Israeli agreements, 3
U.S.-Panama relations, after signing of
Hay–Bunau-Varilla Treaty, 110–11
U.S. Senate
addressing CTBT, 130–33
amenable to rise in executive agreements during modern era, 57–
58
amending treaties, increasing practice
of, 32
consenting to treaties, 29
conservatives in, resistance to Clinton’s
foreign policy agenda, 133
consideration of the U.S.-Soviet Consular Treaty, 107–8
Treaty Politics and the Rise of Executive Agreements
International Commitments in a System of Shared Powers
Glen S. Krutz and Jeffrey S. Peake
http://www.press.umich.edu/titleDetailDesc.do?id=363522
The University of Michigan Press, 2009.
252 | Index
U.S. Senate (continued)
considering treaties initiated by the
president, 28
delaying action on CWC, 136
domestic politics of treaty advice and
consent, 98
excluded from treaty process, 28
expected to be involved in treaty negotiation process, 27–28
Foreign Relations Committee, 29 (see
also Senate Foreign Relations Committee)
greater interest in treaties than executive agreements, 176
guarding role of advice and consent, 33
hearings in, related to Panama Canal
Treaty, 115
hearings on international agreements,
174
incentives of, for allowing use of executive agreements, 11–15
in›uence of pivotal members, on use
of executive agreements, 59
interested in security agreements, 181
on means of addressing military decisions, 47
number of presidential partisans in, effect on use of executive agreements,
68–69
opposition to Treaty of Versailles, 28
passage of the Genocide Convention,
127–28
preference for Article II treaties for
international agreements, 45
presidential partisans in, effect on
presidential agreements decision, 91,
92–94
process for con‹rming executive and
judicial nominations, 142
reducing practice of using reservations
related to treaties, 35
rejecting treaties, 32–33, 34, 98
reporting a treaty, 29
role in treaty making limited to consent, 32
Rule XXV, 29, 205n6
Rule XXX, 29
Rule XXXVII, 205n6
slowing down legislative process in,
121–22, 126, 128, 131
supermajority in, required for treaties,
26
veto role of, in treaties, 27
waning interest in formal treaties once
rati‹ed, 180
U.S.-Soviet Consular Treaty, 1, 2, 99–
108
U.S. State Department, 76, 82–84
communicating presidents’ treaty
priorities to Senate, 141
consulting with congressional committees, 169
interviews with staffers of, 189–90
U.S. Supreme Court
allowing for delegation of powers from
Congress to executive, 41
giving executive agreements same legal
right as treaties, 41
Vance, Cyrus, 115
Vienna Convention on the Law of
Treaties, 82, 209n36
Vietnam War, effect of, on handling of
U.S.-Soviet Consular Treaty, 107–8
Warber, Adam, 198
Warner, John, 132
Washington, George, dealing with U.S.
Senate over treaty with Creek
Indians, 31–32
Washington Naval Conference of
1921–22, 34
Wayne, John, 115–16
Wheat Agreement (1933), 39
White House, removed from decisions on
form of international agreements,
76–77, 191–92
See also presidents
Whittington, Keith, 19
Wilson, Woodrow, 28, 33–34
World Bank, 3
World Court (International Court of
Justice), 34, 123
World Monetary Fund, 3
Young, Cheryl, 199