Volume 54 Issue 4 Dickinson Law Review - Volume 54, 1949-1950 6-1-1950 Treaties Under the Constitution and International Law Lester Harris Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Lester Harris, Treaties Under the Constitution and International Law, 54 DICK. L. REV. 417 (1950). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol54/iss4/4 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact
[email protected]. DICKINSON LAW REVIEW TREATIES UNDER THE CONSTITUTION AND INTERNATIONAL LAW By LESTER HARRIS The Treaty Clause of the Constitution, Article 2, Section 2, reads as follows: "He (the President) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Sena- tors present concur." Under the treaty clause of the Constitution, the President initiates and car- ries on the treaty proceedings. Once the treaty has been found acceptable to him, he submits the treaty to the Senate for concurrence: "Not only is the federal power over external affairs in origin and essential character different from that over internal affairs but partici- pation in the exercise of power is significantly limited. In this 'vast ex- ternal realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a repre- sentative of the nation. He makes treaties with the advice and consent of the Senate, but he alone negotiates.