What is the treaty-making power?

The treaty-making power is the constitutional authority to negotiate and ratify treaties with foreign nations. Under Article II, Section 2 of the Constitution, the President negotiates treaties, and the Senate ratifies them by a two-thirds vote of senators present. Treaties are formal agreements between the United States and one or more foreign governments, covering matters such as alliances, trade, arms control, environmental protection, human rights, and many others.

The treaty process begins with negotiation. The President or the President's designees, typically including the Secretary of State and ambassadors, conduct talks with representatives of foreign governments. Negotiations can take months or years on complex agreements. Once negotiators reach agreement, the President signs the treaty, but signing alone does not make the treaty binding on the United States. The President must transmit the treaty to the Senate for advice and consent.

The Senate Foreign Relations Committee typically reviews the treaty, holds hearings, and recommends action to the full Senate. The full Senate then debates and votes on whether to give its advice and consent. Approval requires two-thirds of senators present and voting (typically 67 votes if all 100 senators are present). The President then ratifies the treaty by exchanging instruments of ratification with the other country, completing the process.

Treaties have been used throughout American history to shape U.S. foreign relations. Major treaties include the Treaty of Paris (1783, ending the Revolutionary War), the Louisiana Purchase Treaty (1803, with France), the Treaty of Versailles (1919, ending World War I, which the Senate famously refused to ratify), the United Nations Charter (1945), the North Atlantic Treaty (1949, creating NATO), various Strategic Arms Limitation and Reduction Treaties with the Soviet Union and Russia, the Convention on the Law of the Sea (signed but not ratified), and the Paris Climate Agreement (which the Obama administration treated as an executive agreement rather than a treaty).

The two-thirds Senate threshold has often blocked treaties. The Senate's rejection of the Treaty of Versailles in 1919 prevented U.S. participation in the League of Nations and is one of the most consequential treaty rejections in American history. Other treaties have failed or been withdrawn over the years. Presidents increasingly use executive agreements with foreign governments, which do not require Senate ratification, to handle a wide range of international matters. Executive agreements have less binding force than ratified treaties but allow for faster action.