Article II, Section 2 gives the President power to "make Treaties, provided two thirds of the Senators present concur." This reflects the Framers' view that binding international commitments require both presidential initiative and substantial legislative approval. The supermajority threshold makes treaties harder to pass than ordinary laws.
The treaty process involves multiple stages. The President negotiates through the State Department. The Senate Foreign Relations Committee reviews the treaty, holds hearings, and may propose amendments. The full Senate votes, and if two-thirds approve, the President ratifies. Some treaties are "self-executing" (taking effect automatically as U.S. law); others require Congress to pass implementing legislation first.
The two-thirds requirement has blocked major treaties. The 1919 Treaty of Versailles, ending World War I and creating the League of Nations, was rejected twice despite President Wilson's support. The Senate has likewise withheld approval from treaties on climate change, arms control, and human rights. Presidents unhappy with this requirement often use executive agreements instead, which don't require Senate approval and can be made rapidly.
The treaty power determines how much congressional input goes into America's international commitments. A supermajority makes treaties durable—they survive administrations and represent broad consensus. Yet it also allows the Senate to block agreements presidents believe necessary for national security.
People often think the President makes treaties on their own. In practice, the Senate must approve with a two-thirds supermajority, giving the Senate veto power over major international commitments.
The treaty power determines how much congressional input goes into America's international commitments. A supermajority makes treaties durable—they survive administrations and represent broad consensus. Yet it also allows the Senate to block agreements presidents believe necessary for national security.
People often think the President makes treaties on their own. In practice, the Senate must approve with a two-thirds supermajority, giving the Senate veto power over major international commitments.