As has been seen, all treaties to which the United States is a party, in order to become legally binding upon the United States and enforceable in its courts, require, in some stage of their negotiation, the approval of the Senate as manifested by a vote of two-thirds of its members present when the approval is given.2 Not all agreements entered into by the United States with foreign powers are held to be treaties in the sense in which that term is used in the treaty clause of the Constitution. Such agreements as are held not to be treaties in this sense, it has been the practice of the President, acting in pursuance of his general powers as Chief Executive or as authorized by congressional statute, to enter into and promulgate without submission to the Senate. Furthermore, in not a few instances the Senate has itself expressly conferred upon the President the power to contract with foreign powers with reference to specified matters.

This power, then, of the President to enter into international arrangements free from the necessity of obtaining the subsequent approval of the Senate may be treated under the following heads:

1. His power inherent in him as the Chief Executive and commander-in-chief of the army and navy,

1 Upon this subject see the pamphlet entitled "International Agreements Without the Advice and Consent of the Senate," by Mr. James F. Barnett, reprinted, with additions, from the Yale Review; the article by Hon. J. B. Moore in the Political Science Quarterly for September, 1905, entitled "Treaties and Executive Agreements;" and the article by Mr. C. C. Hyde in the Greenbag for April, 1905, entitled "Agreements of the United States other than Treaties."

2 Only the final vote of approval or to postpone indefinitely requires the two-thirds vote. For all other parliamentary motions with reference to a treaty, a simple majority is sufficient.

2. His power as granted him by statute,

3. His power as delegated to him by the Senate, the co-possessor with him of the trealy-niaking power.