POLS 112 REVIEWER  protectionism

LESSON 1

“A human being is a political animal; he is not human but Husband-wife Relationship

a beast or a God if he could live outside the state.”
 outside the scope of the state (Liberals)
- Aristotle  violations of human rights between husband-wife
relationship are matters that call for state policy
POLITICS (Feminists)
- an activity that involves power Totalitarian – everything is political
- at the heart of all collective social activity, formal and
informal, public and private, in all human groups, Attitudes towards Politics
institutions, and societies, not just some of them,
and that it always has been and always will be 1. Active Participation
(Leftwich, 1984)  Athens – direct democracy
- may be defined in a narrow sense in terms of arena The affairs of the state were everybody’s business.
or activity in the modern world.  Plato – statesmanship was an occupation not meant
- affairs of the state for just anyone
- reserved to the statesmen and stateswomen o The ruler – a philosopher-king, makes decisions
(Michael Oakeshott) o A rule of law
- happens in nation-states –- in communities with a o A nocturnal council
certain past, with a certain social makeup and with a  Aristotle – the rule of law, favored mixed government
certain set of arrangements for making political 2. Rejection
decisions. (McClelland, 1996)  Skeptics or Epicureans
- the authoritative allocation of values in a society o The affairs of the state were not their business
(Easton, 1959) o Monarchy is the best form of government
- any activity involving human beings associated  The Cynics
together in a relationship of power and authority o believed on the rationality and morality of
where conflict occurs. (Dahl, 1984) individuals
- Government is the arena of politics, the prize of 3. Indifference
politics, and the residue of past politics. (Miller,  The Stoics
1962) o Submissive – accepts any kind of rule
- Politics is a way of ruling in divided societies without o Rebellious – fights for principles
violence. (Crick, 1982)
- means compromises - “be creative of future benefits Participation and Democracy
– that each exists for a further purpose” (Crick,
 Election/Voting
1982)
 Forming associations
- Politics and totalitarianism cannot coexist.
 Negotiation
STATE  Discussion
 Compromises
- It is the highest of all social organizations  Making policy decisions; Implementing and
(Aristotle, Rousseau) evaluating these decisions
- The state is a necessary evil (St. Augustine of  Making the decision-makers accountable for
Hippo) their actions
- Man by nature is a social being, and he needs the
state to guide him towards perfection STATE BUILDING
(St. Thomas Aquinas)
- Individuals and societies can exist without authority Pre-Spanish Philippines
ruling over them (Anarchists) The Barangay societies
- a political association that establishes sovereign
power within a defined territorial area and possesses - ruled by datus and rajas who either inherited their
a monopoly of legitimate violence positions or who were chosen on the basis of
(Harrison and Boyd, 2003) personal attributes such as wealth, bravery and
wisdom.
SCOPE OF POLITICS
The Spanish Regime
Religion
- In the first 200 years in the Philippines, Spain
 spiritual vs temporal matters claimed formal possession of the whole archipelago,
 separation of church and state but lacked full administrative and military control.
Pope Gelasius I This was due to factors arising from both Spanish
and Philippine sources.
Economy - Spain focused its military resources on the defense
of Manila, coastal areas and galleon trade.
 No state intervention (Laissez faire) - The policy of reduccion reflected the importance of
 State must intervene settling the population in controllable, Christianized
JPEPA zones near rivers and coasts.
- The Spanish never fully controlled Mindanao and
 Japan-Philippines Economic Partnership Agreement Sulu, so Muslim state building proceeded.
 laissez faire
- In the late 18th century, Spain was compelled to - On February 15, 1898, the United States declared
reconsider the way it ruled the Philippines, as war on Spain, and the Philippine revolution became
external realities intruded on the isolated life of the embroiled in the Spanish-American war.
colony. - When Spain surrendered to the United States on
- After almost 250 years, the galleon trade ended with August 13, neither combatant recognized the
the last eastbound ship living in the Philippines in legitimacy of the Filipino revolutionaries who had
1811, the last westbound ship in 1815. declared independence on June 12.
- In the next 10 years, Mexican revolutionaries won - On January 23, 1899, the Malolos Republic was
independence and Spain’s empire dwindled to a few established. The newly drafted Malolos Constitution
Caribbean islands. provided for a representative form of government, a
- The Philippines lost both customs revenue and its detailed Bill of Rights, the separation of church and
commercial raison d’etre and was forced to make state, and the dominance of a single chamber
administrative and economic changes to survive. legislative branch over the executive and judiciary.
- The development of Philippine agricultural and
mineral resources was therefore the logical The Early Years of American Rule
replacement for the galleon trade. - The new American governors of the Philippines
- In the aftermath of the British invasion, Spain focused on increasing capacity and infrastructure
pursued reform throughout its empire to remove and consolidating control throughout the territory.
trade restrictions, improve revenue collection and
reorganized government and administration. The Bureau of Civil Service

Provincial and Municipal Government - established on November 31, 1900, with the
mandate that the greatest care should be taken in
- The highest provincial office holder was the Spanish the selection of officials for civil administration.
alcalde mayor. - To head the various executive and line agencies, the
- In the mid19th century, minimum qualifications for Philippine Commission preferred American civilians
the post of an alcalde mayor were introduced or military men who had been honorably discharged.
(lawyer with 2 year experience) and then increased - All recruits, both American and Filipino, were to be
(judge with experience as lieutenant governor). men of the highest character and fitness who could
Tribute remained the paramount source of state revenue conduct their duties unaffected by partisan politics.
and polos as the means of carrying out public works. - To attract them, William Howard Taft, the first
These functions were in the hands of principalia American governor-general, granted the right to
officials– the cabeza de barangay collected the tribute engage in private business while on active service.
and the gobernadorcillo mobilized villagers for polos y o Free public education at the elementary and
servicios. secondary levels was aimed at achieving mass
literacy, regarded as an important foundation for a
 Gobernadorcillos and cabezas democratic quality.
- exempt from the tribute and labor service o English was decreed as the common medium of
themselves and were known to extract surplus” in instruction in order to equip Filipinos with a common
the form of excessive tribute in bribes. language with which they could communicate readily
- they were personally liable for remitting the full with each other.
amount of the official tribute, upon pain of
imprisonment. Philippine Constabulary

Education - established in 1901, an insular police force that

replaced the Guardia Civil.
The state's interest in educating the population was left - Led by Americans, with some junior Filipino officers,
to the religious orders until very late in the colonial the constabulary recruited among Christians,
period. Muslims and northern Philippine non-christian
groups.
- Primary education was overseen by the parish
- had the power to regulate the use of firearms, take
priest, who tolerated only religious topics to be
the lead in health emergencies, and expand the
taught.
telegraph and postal systems throughout the
- In 1836, government policy called for all towns to
archipelago.
have primary schools and to teach Spanish, but a
- charged to prevent and suppress brigandage,
lack of qualified teachers with Spanish language
insurrection, unlawful assemblies and breaches of
skills and the opposition of local priest made this
the peace.
impossible.
- supervised municipal police forces to improve
- An 1863 decree mandated free primary education at
professionalism and to thwart politicization by
the village level.
elected local officials.
Philippine Societies
Two important failures of state-building:
- The Philippine polity at the beginning of the 19th
1. Taft's land reform program was implemented
century was based upon many rural communities to
without support mechanisms to ensure its
hold by the Spanish friars with assistance by indio
success.
and mestizo principalia, who collected taxes and
2. Efforts to simplify the tax system were also
mobilized labor for the needs of the colonial state
unsuccessful.
and church.
o The Americans removed the clergy's role in tax
The Malolos Republic collection but it did not fulfill the promise of more
 equitable taxation. The cedula was retained o a person had to be at least 30 years old
despite its regressive nature. o a qualified elector
o able to read and write either in Spanish or English
o a resident of the senatorial district that he was to
represent for at least one year immediately prior to
his election.

- The House of Representatives replaced the

Philippine Assembly as the lower chamber.
Municipal Government Code of 1901 o to be composed of 90 members
o 81 of whom were to be elected and 9 were to be
- Act 82 was enacted on January 31, 1901, i.e.
appointed by the governor-general to represent the
- The Code provided for the qualifications of Filipino
non-christian provinces.
voters for the local government elections of 1901:
o tmust be males, at least 23 years old To be elected as a representative of a district:
o must be literate in English or Spanish
o must have held municipal office before August o a person had to be at least 25 years old
13, 1898, and o a qualified elector
o must own real property worth at least US$250 or o able to read and write either in Spanish or English
must have paid an annual tax of US$15. o a resident of the district for at least one year
immediately prior to his election.
Philippine Assembly
This resulted in the separation of the legislature from the
In 1902, the US Congress enacted the Philippine Bill of executive branch of the colonial government, which
1902 or Cooper Act. continued to be headed by the American governor-
general.
o provided for a bicameral legislative body –
The Philippine Commission whose members were
appointed by the US President as the upper
chamber and the Philippine Assembly whose The Jones Act lowered the voting age to 21 and gave
members were to be elected by qualified Filipino the right to vote to those who could read and write either
voters as the lower chamber. in Spanish, English or a native language.

To qualify for the election to the Assembly - Women were still not given the right of suffrage.

o had to be male, at least 25 years old,

o a qualified voter in his chosen electoral district, The creation of a bicameral legislature, composed of
o must own property valued at least P500, elected Filipinos, gave rise to the issue of political
o must have held public office during the Spanish leadership.
colonial regime,
o must be able to read, speak or write Spanish or From 1907 to 1915, the Speaker of the House had been
English, and the undisputed political leader of the Filipinos.
o must swear allegiance to the United States.
- Members of the assembly served for a term of 2
years, changed to 4 years in 1911. Philippine Congress 1946-1972
- Representatives from the non-Christian provinces
- Congress was a bicameral body with a 24-member
were appointed by the American governor-general.
Senate and a House of Representatives.
Philippine Legislature, 1915-1935 - Eight Senators were chosen at large every two
years, with each Senator serving a term of 6 years.
In 1916, The Philippine Autonomy Act (Jones Law) - There was no term limit for the members of the
reorganized the Philippine legislature in bicameral, Senate.
Filipino-controlled body.
To qualify for election as senator:
- The Senate, which was composed of 24 members,
replaced the Philippine Commission as the upper o person had to be a natural-born citizen of the
chamber. Philippines and at the time of his election at least 35
o Senators represented 12 senatorial districts. years old
o 22 Senators from 11 districts were to be elected to o a qualified elector, and
serve for a term of 6 years on a staggered basis. o a resident of the Philippines for not less than two
o In the first elections for the Senate, the candidate years immediately prior to his election.
who garnered the highest number of votes of the 2
winners in each district was to serve for 6 years; the - The Constitution provided that maximum number of
second candidate would serve for 3 years. members of the House of Representatives was 120.
o The two senators from the 12th senatorial district - They were to serve for a term of 4 years with
composed of the non-Christian provinces -- unlimited reelection.
Mindanao and Sulu, were to be appointed by the - The number of representatives Was apportioned
Governor-General and were to hold office until among the provinces having at least one
removed by him. representative.

To be elected to the Senate:

- The actual number of representatives increased - The interim batasang pambansa was to have not
from 97 in 1946 to 108 in 1970. The increase was more than 120 members later increase to not more
due to the creation of new provinces. than 200 members. It would comprise the
o incumbent president of the philippines;
To qualify for election as a representative
o representatives elected from the different regions
o a person had to be a natural-born citizen of the of the nation;
Philippines and at the time of his election at least 25 o those who shall not be less than 18 years of age to
years of age be representatives from the youth industry and
o a qualified voter and agriculture sectors elected by their respective
o a resident of the province in which he is chosen for councils; and
not less than one year immediately prior to his o those chosen by the president from the members
election. of the Cabinet.
- The IBP was to have the same powers and its
Legislature Under Marcos members were to have the same functions, Rights
privileges responsibilities and qualifications as those
1973 Constitution
of the interim national assembly and irregular
- changed parliamentary form of government national assembly provided for in the 1973
- provided for a modified parliamentary form of constitution.
government. - Still, elections to the IBP we're not held. Instead,
- Legislative power was to be vested in a unicameral Marcos created in 1976 a Batasang Bayan through
National Assembly whose members were to be PD995 whose members were appointed by him.
elected by qualified electors. The BB actually functioned until 1978 as a
- Assembly members were to serve for a term of six consultative or advisory council rather than as a
years. legislature.
- The IBP elections were held in 1978. Of the 160
The National Assembly was to elect, by a majority vote elected regional representatives in 1978, only 15
from among its members, the President of the belonged to opposition parties. The rest were from
Philippines who shall be the symbolic head of the state. Kilusang Bagong Lipunan.
- In 1981, martial law was lifted. Elections were held
- He was to serve for a term of six years and was to
that year. The President became the chief executive
cease to be a member of the assembly upon taking
again with the power to nominate the Prime Minister
his out of office the president was ineligible to hold
from among the members of the Batasang
any other office during his term.
Pambansa and to be elected by a majority of its
The constitution provided that the executive power was members.
to be exercised by the Prime Minister with the assistance - However the President could remove the Prime
of the cabinet. Minister simply by nominating a successor who shall
be elected by a majority of the members of the
- The Prime Minister was to be the head of the Batasang Pambansa. While the Prime Minister
government. the cabinet headed by the Prime remained as head of the Cabinet, the amended
Minister was to consist of the heads of ministries as Constitution provided that any member of the
provided by law. cabinet may be removed at the discretion of the
- the Prime Minister and the Cabinet were to be President.
responsible to the national assembly for the program - The restoration of representation by district favored
of government and shall determine the guidelines of the growth of opposition parties. when elections
national policy. were held for the regular Batasang Pambansa. In
- The Prime Minister was to be elected by a majority May 1984, the opposition parties captured more
of all the members of the National Assembly from seats in the legislature.
among themselves.
- He was to appoint the members of the Cabinet a The Batasang Pambansa
majority of whom must come from the National
- a unicameral legislature.
Assembly.
- thought to be more economical than a bicameral
- The Prime Minister was to appoint a Deputy Prime
one.
Minister from among the members of the national
- comprised not more than 200 members elected from
assembly the deputy Prime Minister was to head a
different provinces with their component cities, highly
ministry and perform other functions as may be
urbanized cities and districts in Metro Manila,
assigned to him by the Prime Minister.
- those elected from the various sectors provided by
- The Prime Minister or any member of the cabinet
law and those chosen by the President from the
may resign for any costs without vacating his seat in
members of the Cabinet.
the national assembly the Prime Minister was to be
- members served for a term of 6 years.
the commander-in-chief of all Armed Forces of the
Philippines may suspend the writ of habeas corpus The qualifications of individuals for election to the
or place any part of the country under martial law he Batasang Pambansa:
was to appoint officials in the executive branch of the
government officers of the armed forces and other o were identical to those of the members of the
officers whom he may be authorized by law to defunct House of Representatives
appoint and exercise all the powers vested in the o a natural-born citizen of the Philippines,
President of the Philippines by the 1935 constitution. o at least 25 years of on the day of the election,
o able to read and write,
Interim Batasang Pambansa
o a registered voter in the constituency in which he o Separate survival - semipresidential president
shall be elected survives separately from and independently of
o a resident thereof for not less than 6 months the assembly.
immediately preceding the day of the election. o Dependent survival - prime minister is
responsible to the assembly and subject to
Powers of the Batasang Pambansa assembly confidence
o legislation Presidentialism
o to oversee administration
o to declare war  Cabinet authority (formation and dismissal) is an
o to ratify treaties almost purely presidential (executive) prerogative
o to impeach officials. with minimal assembly role and intervention. In
presidentialism, the president is at the center of
the BP was a much weaker legislative body due to the Cabinet formation and dismissal
semi-parliamentary feature of the government where the
Prime Minister was both a member of the Executive and Parliamentarism
leader of the majority party in the BP; and also because  It is the parliament, or the assembly which
of Amendment #6. monopolizes Cabinet authority in that the Cabinet,
including and headed by the prime minister, takes
office only with the consent of the assembly, is
" Whenever in the judgment of the President (Prime responsible to the assembly, and rests on assembly
Minister), there exists a grave emergency or a threat or confidence for survival.
imminence thereof, or whenever the interim Batasang
Pambansa or the regular National Assembly fails or is POWERS of the PRESIDENT
unable to act adequately on any matter for any reason EMERGENCY POWER
that in his judgment requires immediate action, he may,
in order to meet the exigency, issue the necessary  delegated by the Congress which covers such power
decrees, orders, or letters of instructions, which shall necessary to carry out a declared national policy
form part of the law of the land." (declared by Congress).
 There must be a war or other emergency;
The President justified the amendment as necessary.  The delegation must be for a limited period only;
 The delegation must be subject to such restrictions
as the Congress may prescribe; and
 1935 and 1987 Constitutions - Presidentialism  must be exercised to carry out a national policy
 1973 Constitution - Parliamentarism declared by Congress.
 1973 revised in 1981 Constitution –
Semipresidentialism POWER OF APPOINTMENT

 vested in the President by the Constitution. Article

VII, Section 16 of the 1987 Philippine Constitution
reads:

The President shall nominate and, with the consent of

the Commission on Appointments, appoint the heads of
the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces
from the rank of colonel or naval captain, and other
officers whose appointments are vested in him in this
Constitution.

He shall also appoint all other officers of the Government

whose appointments are not otherwise provided for by
 Executive Title law, and those whom he may be authorized by law to
 Presidentialism - President appoint. The Congress may, by law, vest the
 Parliamentarism - Prime Minister appointment of other officers lower in rank in the
 Semipresidentialism - President and Prime Minister President alone, in the courts, or in the heads of
 Executive Origin departments, agencies, commissions, or boards.
 Presidentialism - directly elected by popular vote for
a fixed term of office The President shall have the power to make
 Parliamentarism - selected by the assembly from its appointments during the recess of the Congress,
members whether voluntary or compulsory, but such appointments
 Semipresidentialism - shall be effective only until disapproval by the
o Separate origin - directly elected by popular vote Commission on Appointments or until the next
for a fixed term. adjournment of the Congress.”
o Fused origin - originates from the assembly
Under this provision, there are two kinds of presidential
 Executive Survival
appointments:
 Presidentialism - chief executive survives separately
from the assembly 1. appointments made during the session of
 Parliamentarism - chief executive is dependent on Congress or the so-called regular appointments
legislative majority support for survival or nominations; and,
 Semipresidentialism –
 2. appointments made during the recess of may take such action or steps as prescribed by law to
Congress which are also known as ad interim make them perform these duties.
appointments.
The President shall exercise general supervision over
The regular appointments which are contemplated under local governments [Sec 4, Art X]. The President shall
the first paragraph of Article VII, Section 16 of the 1987 exercise general supervision over autonomous regions
Philippine Constitution undergo the following stages: to ensure that laws are faithfully executed [Sec 16, Art
X].
1. Nomination
2. Consent MILITARY POWERS
3. Appointment
4. Acceptance/Oath of Office The commander-in-chief clause is found in Article VII on
the Executive Department, specifically Section 18.
OFFICERS SUBJECT TO CONFIRMATION BY THE
COMMISSION ON APPOINTMENTS  This provision deals with the military powers of the
President, which include the powers to call out the
two classes of public officers whose appointments by the armed forces, to suspend the privilege of the writ of
President need confirmation: habeas corpus, and to proclaim martial law.

 The heads of the executive departments, These are the limitations now laid down in Section 18 on
ambassadors, other public ministers and consuls, the military powers of the President of the Philippines:
officers of the armed forces from the rank of colonel
or naval captain; and  As commander-in-chief of all the armed forces of the
 Other officers whose appointments are vested in the Philippines, he can call them out, whenever
President under the 1987 Constitution. The officers necessary, to prevent or suppress only lawless
referred to under this provision are— violence, invasion or rebellion.
o The Chairman and Members of the  He may suspend the privilege of the writ of habeas
corpus or proclaim martial law in case of invasion or
Constitutional Commissions such as the
rebellion only, when the public safety requires it.
Commission on Elections, the Commission on
 The suspension of the privilege of the writ of habeas
Audit, and the Civil Service Commission; and
corpus or the proclamation of martial law shall not
o The regular Members of the Judicial and Bar
exceed the period of 60 days.
Council.
 Within 48 hours after the suspension or
MIDNIGHT APPOINTMENT proclamation, he must report his act to Congress in
person or in writing.
General Rule: 2 months immediately before the next  If not in session at the time, Congress shall convene
presidential elections (2nd Monday of March), and up to within 24 hours without need of a call.
the end of his “term” (June 30), a President (or Acting  Voting jointly, Congress may by a majority vote of all
President) shall not make appointments [Sec 15, Art. its members revoke the suspension or proclamation.
VII]. Exception: Temporary appointments to executive The revocation may not be set aside by the
positions, when continued vacancies will: (a) Prejudice president. On the other hand, Congress may, in the
public service; or (b) endanger public safety. same manner and by the same vote, extend the
suspension or proclamation for such period as it may
Limited to Executive Departments: The prohibition
determine.
against midnight appointment applies only to positions in
 Any citizen may challenge the suspension or the
the executive department [De Castro v. JBC, G.R.
proclamation in appropriate proceedings before the
191002(2010)].
Supreme Court. The decision must be promulgated
Appointing Power of the Acting PRESIDENT. not later than 30 days after the filing of the petition.
 Martial law shall not suspend the operation of the
Appointments extended by an Acting President shall Constitution or supplant the civil courts and
remain effective unless revoked by the elected President legislative assemblies, or transfer jurisdiction over
within 90 days from his assumption or re-assumption of civilians to military tribunals while the civil courts are
office [Sec. 14, Art. VII]. open. Neither shall it automatically suspend the
 Midnight appointments ban applies to the acting privilege of the writ of habeas corpus.
President.  The suspension of the privilege of the writ of habeas
corpus shall be applicable only to persons charged
POWER OF CONTROL AND SUPERVISION with rebellion or offenses inherent in or directly
connected with the invasion.
Sec. 17, Art. VII. The President shall have control of all  During the period of the suspension, any persons
the executive departments, bureaus, and offices. He arrested for the said crimes must be judicially
shall ensure that the laws be faithfully executed. charged within three days, otherwise they shall be
Control is essentially the power to released.

1. alter or modify or nullify or set aside what a EXECUTIVE CLEMENCY

subordinate officer had done in the performance Forms of Executive Clemency
of his duties; and to
2. substitute the judgment of the former with that of Reprieves: A temporary relief from or postponement of
the latter execution of criminal penalty or sentence or a stay of
execution [Black’s Law Dictionary].It is the withholding of
Supervision is the overseeing or the power of the officer a sentence for an interval of time, a postponement of
to see that subordinate officers perform their duties, and execution, a temporary suspension of execution.
if the latter fail or neglect to fulfill them, then the former
Commutations: Reduction of the sentence. It is a 3. Distinguished from treaties — International
remission of a part of the punishment; a substitution of a agreements involving political issues or changes in
lesser penalty for the one originally imposed national policy and those involving international
agreements of permanent character usually take the
Amnesty: A sovereign act of oblivion for past acts, form of treaties. But the international agreements
granted by government generally to a class of persons involving adjustments in detail carrying out well-
who have been guilty usually of political offenses and established national policies and traditions and those
who are subject to trial but have not yet been convicted, involving a more or less temporary character usually
and often conditioned upon their return to obedience and take the form of executive agreements
duty within a prescribed time [Commissioner of Customs v. Eastern Sea Trading,
Pardon: Permanent cancellation of sentence. It is an act G.R. No. L-14279(1961)]
of grace proceeding from the power entrusted with the Residual Powers
execution of the laws, which exempts the individual on
whom it is bestowed, from the punishment the law inflicts 1. unstated powers possessed by the President:
for the crime he has committed. It is a remission of guilt, o not enumerated in the Constitution,
a forgiveness of the offense o implied with the grant of executive power, and
o not possessed by the legislative and judiciary. It
Remit fines and forfeitures after conviction by final
includes powers unrelated to the execution of any
judgment
provision of law
Parole: The suspension of the sentence of a convict
granted by a Parole Board after serving the minimum
term of the indeterminate sentence penalty, without
granting a pardon, prescribing the terms upon which the
sentence shall be suspended.

AMNESTY

- covers political offenses

- generally addressed to a group or a community
- looks backward and abolishes and puts into oblivion
the offense itself so much so that the person
released by amnesty stands before the law precisely
as though he had committed no offense
- Exercised solely by the executive

PARDON

- refers to any infraction of peace and order in the

State;
- granted to an individual or a limited number of
individuals;
- looks forward and relieves the offender from the
consequences of an offense of which he has been
convicted; it does not work the restoration of the
rights to hold public office, or the right of suffrage
unless such rights be expressly restored by the
terms of the pardon
- Requires concurrence of Congress

DIPLOMATIC POWERS

The President is vested with the authority to:

1. Deal with foreign states and governments;

2. Extend or withhold recognition;
3. Maintain diplomatic relations;
4. Enter into treaties;
5. Treaty-Making Power

Treaty: As defined by the Vienna Convention on the Law

of Treaties, “an international instrument concluded
between States in written form and governed by
international law, whether embodied in a single
instrument or in two or more related instruments, and
whatever its particular designation”

EXECUTIVE AGREEMENTS

1. Entered into by the President

2. May be entered into without the concurrence of the
Senate.