The Case-Zablocki Act of 1972 requires the President to notify the Senate within 60 days of an executive agreement. The president`s powers to conclude such agreements have not been restricted. The reporting requirement allowed Congress to vote in favor of repealing an executive agreement or to refuse funding for its implementation. [3] [4] According to the doctrine of the political question, a court will refuse to rule on the merits if it finds that the underlying case is subject to the discretion and expertise of the legislative and executive departments. In this case, the Eleventh circuit was the subject of a tripartite investigation, which was conducted by Justice Lewis Powell in Goldwater v. Carter,30 a distillation of criteria for determining the original justification in Baker v. Carr.31 The three questions posed by the Tribunal were: “i) Does the question involve the resolution of questions by the text of the Constitution requiring a branch of government coordination? (ii) Would the resolution of the question require a court to go beyond judicial expertise? iii) Rate of prudential considerations against judicial intervention? 32 The procedures designated by the Bipartisan Trade Promotion Authority Act (BTPAA) were originally applicable to bills relating to agreements reached before July 1, 2005, but could be extended to bills for agreements reached before July 1, 2007 if the President requested an extension and neither member of Congress passed a resolution to reject it before July 1, 2007. , 2005. P.L. 107-210, No. 2103 (c), as amended, 19 U.S.C No. 3803 (c).
Such a resolution was not passed. The presidential power to negotiate and enter into agreements that effect both tariffs and non-tariff barriers is defined in point 2103 (b) of the Act, 19 U.S.C No. 3803 (b). BTPAA required the President to notify Congress at least 90 days before the contract was terminated. Commentators have argued that while the President has the unilateral power to terminate Article II agreements with the Council and Senate approval, the President does not have the unilateral power to denounce “executive agreements of Congress” with the majority agreement of Congress, such as the North American Free Trade Agreement (NAFTA). This article presents this statement in S), in this article in S.B. this article. According to this article, if one accepts a presidential power to terminate the treaties of Article II, there is no convincing reason to conclude otherwise with regard to the agreements between Congress and the executive branch. The executive agreements of Congress have become largely interchangeable with the Treaties of Denser II because of their domestic law and practice. Thus.B both instruments can be used to resolve issues related to international and international trade.