The Case Zablocki Act of 1972 requires the president to notify the Senate of any executive agreement within 60 days. The Powers of the President to conclude such agreements have not been divided. The notification requirement allowed Congress to vote to cancel an executive agreement or refuse to fund its implementation.   The U.S. Constitution does not explicitly give the president the power to enter into executive agreements. However, it may be authorized to do so by Congress, or it may do so on the basis of the authority conferred on it to conduct foreign relations. Despite the question of the constitutionality of executive agreements, the Supreme Court ruled in 1937 that they had the same power as treaties. Since executive agreements are concluded under the authority of the outgoing president, they do not necessarily bind his successors. In the United States, executive agreements are concluded exclusively by the President of the United States. They are one of three mechanisms through which the United States enters into binding international commitments. Some authors consider executive treaties to be international treaties because they bind both the United States and another sovereign state. However, under U.S. constitutional law, executive agreements are not considered treaties within the meaning of the treaty clause of the U.S.
Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. Most executive agreements were entered into under a treaty or an act of Congress. Sometimes, however, presidents have entered into executive agreements to achieve goals that would not receive the support of two-thirds of the Senate. For example, after the outbreak of World War II, but before the Americans entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that gave the United Kingdom 50 surviving destroyers in exchange for 99-year leases for some British naval bases in the Atlantic. In the United States, executive agreements are internationally binding when negotiated and concluded under the authority of the president in foreign policy, as commander-in-chief of the armed forces, or based on an earlier act of Congress. For example, as commander-in-chief, the president negotiates and concludes status-of-forces agreements (SOFIA) that govern the treatment and disposition of U.S. forces stationed in other countries. .