Legal Opinion

Validity of Congressional-Executive Agreements That Substantially Modify the United States' Obligations Under an Existing Treaty

Department of Justice Office of Legal Counsel

Decided November 25, 1996Published

1Opinion of the Court

Validity of Congressional-Executive Agreements that Substan­ tially Modify the United States’ Obligations Under An Exist­ ing Treaty It lies within Congress’s power to authorize the President to modify substantially the United States’ domestic and international legal obligations under a prior treaty, including an arms control treaty, by making an executive agreement with our treaty partners, without Senate advice and consent. N o v e m b e r 2 5 , 1996 M e m o r a n d u m O p in io n for th e S p e c ia l A s s is t a n t to the P r e s id e n t and L e g a l A d v is e r to th e N a t io n a…

2Cases cited42 opinions

  1. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  2. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
  3. Hirabayashi v. United StatesSupreme Court of the United States · 1943
  4. Field v. ClarkSupreme Court of the United States · 1892
  5. J. W. Hampton, Jr., & Co. v. United StatesSupreme Court of the United States · 1928

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