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This is the view of a Congressional Research Service report from 2015, which concludes that "Treaties and executive agreements that are not self-executing..
So executive agreements are a fact of life.
Certainly the making of executive agreements continued apace.
The United States has long used executive agreements to preserve secrecy and circumvent the ratification process.
Many types of executive agreements comprise the ordinary daily grist of the diplomatic mill.
Executive agreements have an acknowledged but limited place in our foreign affairs.
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Congressional-executive agreements are far more troubling.
As former Sabin Center fellow Hannah Chang has explained, legal scholars have divided these conventional alternatives into three categories: sole-executive agreements, congressional-executive agreements, and treaty-executive agreements.
Our system allows statutes, known as Congressional-executive agreements, to make some international agreements.
Federal courts have consistently upheld the constitutionality and appropriateness of Congressional-executive agreements.
See Hathaway, supra note 4 (discussing the difficulty future administrations face when attempting to withdraw from congressional-executive agreements).
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