Final answer:
Executive agreements are made by the President either alone or with Congressional approval. They are preferred over treaties when speed and efficiency are necessary or when obtaining a two-thirds Senate majority is difficult. While legally equivalent to treaties if not altering federal law, they may spark debate over their constitutional legitimacy and long-term stability.
Step-by-step explanation:
Executive agreements are made as a form of international agreement between the United States and other countries. Unlike treaties outlined in Article II of the U.S. Constitution, which require a two-thirds vote in the Senate to be ratified, executive agreements can be made solely by the President or in conjunction with Congress, depending on whether they are sole executive agreements or congressional-executive agreements. Executive agreements are often used because they are more practical for modern foreign policy's fast pace, they avoid the difficulty of obtaining a two-thirds Senate majority, and they do not require ratification by the legislature as long as they do not conflict with federal law.
The decision whether to enter an international pact as a treaty or an executive agreement can be contentious, as seen with the Iran Nuclear Agreement. While some argue that executive agreements can be an efficient tool, saving time and circumventing the extensive process of Senate approval, others believe they can be used to evade the intended constitutional treaty process. The U.S. Supreme Court has upheld that executive agreements are legally equivalent to treaties so long as they don't alter federal law, as established by United States v. Pink (1942).
The United States decides to participate in treaties and international organizations based on a variety of factors, including diplomatic, economic, and security interests. The form that these international agreements take, be it through the constitutional treaty process or executive agreements, often sparks debate among policymakers based on efficiency, legitimacy, and the potential for continuity or reversal in subsequent administrations.