Treaty

Written by Jonathan Milner

Definition

A formal agreement between the United States and one or more other nations. Under Article II, Section 2 of the Constitution, the president negotiates treaties, but a treaty takes effect only if two-thirds of the Senate votes to ratify it.

Example

In 2010, the Senate ratified New START, a treaty that capped the number of nuclear weapons the United States and Russia could deploy. When it expired on February 5, 2026, the world's two largest nuclear powers were left with no limits on their arsenals for the first time in decades. Listen to NPR's report below.

 

Questions

  1. Define treaty and identify the two parts of the federal government that share the power to make one.

  2. Explain why the Framers required a two-thirds vote of the Senate, instead of a simple majority, to ratify a treaty.

  3. Describe how the treaty process is an example of checks and balances between the president and Congress.

  4. Explain the difference between a treaty and an executive agreement, and why a president might choose an executive agreement instead.

  5. In 1919 the Senate refused to ratify the Treaty of Versailles. Describe one reason the Senate might reject a treaty the president supports.

  6. New START expired in February 2026. Describe one possible consequence of the United States and Russia having no limits on their nuclear arsenals.

  7. Explain how the Supremacy Clause (Article VI) affects the legal status of a ratified treaty.

  8. The House of Representatives does not vote on treaties. Should it? Explain your answer.

  9. What emoji would do a good job of expressing the concept treaty?

  10. Translate treaty into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw a treaty! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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Jonathan Milner

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