With tensions high in the Middle East, the President negotiates with Turkey to a

Question

With tensions high in the Middle East, the President negotiates with Turkey to allow unrestricted air access, as well as the ability to establish a base near the Turkish border to be able to respond quickly to escalating conditions. The president signed this agreement without prior consultation with or the receipt of authorization from the U.S. Congress. The president claimed that such consultation and approval were not necessary.

What type of agreement has the president negotiated with Turkey? What do such agreements provide? Utilizing concepts in Chapter 8 and the opinion in Dole v. Carter, would a judicial challenge to the agreement by a member of Congress be successful? Why or why not?

Explanation / Answer

The USA has from January 1, 1972, entered into 5306 out of which 947 are treaties and 4359 are international agreements.

The international agreements other than treaties that The USA can get into are of three categories as follows:

“Section 121 Scope of Executive Agreement Pursuant to President's Constitutional Authority.”

The Presidents negotiation with turkey falls under this “executive agreement” where Congress authorization is not mandatory.

The agreement provides that the President can “execute agreements” with countries in the following circumstances:

The Dole Vs Carter case is a good example where the President of The US agreed to return to them, which would be displayed in a prominent historical location in Budapest Hungary and would promote bilateral relations. it was a move towards a friendly relationship building with Government of Hungary after the second world war differences between the two countries. It was agreed through an exchange of diplomatic letters dated December 13, 1977. A huge up cry was witnessed but the court ruled in favor of the agreement as it was done within the rights of the president to execute an executive agreement within the framework to maintain delicate international relations, it was to promote ”Friendship, bilateral relationship and strengthen the ties between the two countries”. Further, the plaintiff stated that it was part of a silent treaty between two countries and needed Senate approval, he cited the “ Paris Peace treaty” but the court did not rule in his favor as it was proved that the return of Hungarian Coronation Regalia was not implied in any treaty.

Turkey and The USA agreement for unrestricted airspace can also be executed under the “ Executive agreement” as it is also to maintain the delicate balance of international relations and if it is not required by the US to give a similar facility to turkey government, it can be agreed by exchange of diplomatic letters. The agreement is within the framework as long as is adhering to the following:

To sum it up the president of The US is within his rights to execute this agreement without the approval of the Congress.

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