Note: The following does not apply to the Iranian nuclear deal because the deal has been defined as an executive agreement, not a treaty. As such it does not require the approval of the Senate in order to go into effect.
The ability to negotiate treaties is a key part of presidential powers. Here's the relevant - and very brief - language in the Constitution. This is the treaty clause;
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur;
For background:
- The Heritage Foundation: Treaty Clause.
- The Founders' Constitution: Article 2, Section 2, Clauses 2 and 3.
The authors of the Federalist Papers argued that the need for a stronger footing in negotiating with foreign powers was a key reason for transitioning from a confederation to a republic. It was also argued that the president should have key control over those powers. In addition, to provide for efficiency in establishing and implementing foreign policy, the presidency should be singular - that is - headed by one person. The early Federalist Papers especially dealt with the issues associated with foreign affairs. How would the new - and weak - nation handle relations with foreign powers? Some links:
- The Federalist Papers.
- Federalist #2
- Federalist #70
The Supreme Court weighed in on the subject of the president's control over foreign affairs in 1936. They noted a huge distinction between foreign and domestic affairs and that the president had greater powers in the former than in the latter:
- Oyez: United States v. Curtiss-Wright Export Corp.
- Wikipedia: United States v. Curtiss-Wright Export Corp.
- PBS: United States v. Curtiss-Wright Export Corp.
Nevertheless tension exists between the presidency and Congress regarding control over foreign power. The tension plays out especially between the president and the Senate since the House plays no constitutional role regarding treaties. It can indirectly by voting to deny funds for any endeavor included in the treaty. Notice that the Constitution states that the Senate must concur, not ratify treaties.
- From Senate.gov: Treaties.
Each chamber contains standing committees focusing on foreign affairs, Each is weighing in on the proposed treaty.
House:
- Committee on Armed Services.
- Committee on Foreign Affairs.
Senate:
- Committee on Armed Services.
- Committee on Foreign Relations.
And for some general background - come of this you'll find in several sections on the class powerpoints:
- Foreign Policy Roles of the President and Congress.
- Who Makes American Foreign Policy?
- Federalism and Foreign Relations.
- Who Controls Foreign Policy: The President or Congress?
