Final answer:
Over 90% of U.S. agreements are executive agreements, chosen for expediency and foreign policy needs, involving presidential negotiation and subsequent ratification.
Step-by-step explanation:
The United States enters into international agreements through a process outlined in Article II of the U.S. Constitution. The president negotiates the treaty, which is then subject to the Senate's consent by a two-thirds vote. Following the Senate's approval, the president ratifies the treaty to make it official. However, in modern practices, many international agreements are not treated as treaties but as executive agreements.
Executive agreements can be further categorized as sole executive agreements or congressional-executive agreements. Sole executive agreements are negotiated and approved by the president alone, whereas congressional-executive agreements require a simple majority approval by both the House and Senate. Notably, the Supreme Court in United States v. Pink ruled that executive agreements are legally equivalent to treaties as long as they do not change federal law. While most executive agreements are less noteworthy, some, like the Iran Nuclear Agreement, have sparked significant public debate over their use instead of the formal treaty process.
Ultimately, the choice between entering an international agreement as a treaty or executive agreement often depends on the political dynamics and the urgency of the agreement. Treaties can be challenging to ratify due to the two-thirds Senate vote requirement, prompting presidents to prefer executive agreements for efficiency and to navigate complex foreign policy needs quickly.