Federalist Papers – Essay #75

In Essay #75, The Treaty Making Power of the Executive, Alexander Hamilton discusses the procedures for the United States entering into treaties with foreign countries.

The provision allows the President to make a treaty, but the treaty must be ratified by a two-thirds vote of the Senate. As Hamilton wrote, “THE President is to have power, ‘by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur.’”

Opponents argued that the President alone should be empowered to enter into treaties, but Hamilton counters that unlike European monarchs, the President is in office for only a short amount of time and may be tempted to enter into treaties for monetary gains. Requiring Senate approval holds this in check.

Regarding breaking treaties, the Constitution is mute on this issue, and at present there is no official Supreme Court ruling on whether the President has the power to break a treaty without the approval of Congress.

Credit for the summary and analysis of Essay #75 is given to Brittany Nelson and Christopher Higgins (second revision 09/15/2011). Weinbloom, Elizabeth ed. “The Federalist Papers Essay #75 Summary and Analysis”. GradeSaver, 30 December 2011 Web. 19 February 2019.

You can read a summary and analysis of Essay #75 by clicking HERE.

You can read the entire text of Essay #75 by clicking HERE.

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