NCJ Number
138889
Journal
American Criminal Law Review Volume: 29 Issue: 4 Dated: (Summer 1992) Pages: 1301-1348
Date Published
1992
Length
48 pages
Annotation
This note discusses the general constitutional background of executive agreements and their impact on the separation of powers doctrine, followed by an examination of sole executive agreements that facilitate the exchange of information between nations in the investigation of criminal matters.
Abstract
Although no U.S. Supreme Court case has explicitly granted the President constitutional authority to conclude executive agreements without the consent of the Senate, such a power has been recognized by scholarly commentators and other authorities, such as the American Law Institute. Furthermore, no executive agreement has even been held to be ultra vires for lack of Senate approval. As long as the possibility of a foreign political crisis exists, there will be a need for the procedural flexibility that executive agreements provide. Although publicly controversial, hostage situations in the past have been resolved through the secrecy of diplomacy by executive agreements. Although Mutual Legal Assistance Treaties (MLAT's) are replacing executive agreements in the investigation and prosecution of narcotics violations, tax evasion, and securities fraud, executive agreements will remain useful in the future in political crises. Executive agreements will also have a future as interim measures until broad-based MLAT's are established; however, with the growing level of illegal drug trafficking and securities violations, other countries will seek to join the United States in enforcement cooperation. 209 footnotes and appended examples of international treaties