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.   The United States Constitution does not expressly give a president the power to enter into executive agreements. However, it may be authorized to do so by Congress or may do so on the basis of its foreign relations management authority. Despite questions about the constitutionality of executive agreements, the Supreme Court ruled in 1937 that they had the same force as treaties. As executive agreements are made on the authority of the president-in-office, they do not necessarily bind his successors. The implementation of executive agreements increased considerably after 1939. Prior to 1940, the U.S. Senate had ratified 800 treaties and presidents had concluded 1,200 executive agreements; From 1940 to 1989, during World War II and the Cold War, presidents signed nearly 800 treaties, but concluded more than 13,000 executive treaties. An executive agreement is an agreement between heads of government of two or more nations that has not been ratified by the legislature, since the treaties are ratified. Executive agreements are considered politically binding to distinguish them from legally binding contracts.
In the United States, executive agreements are binding at the international level when negotiated and concluded under the authority of the President on foreign policy, as commander-in-chief of the armed forces or from a previous congressional record. For example, the President, as Commander-in-Chief, negotiates and concludes Armed Forces Agreements (SOFAs) that govern the treatment and disposition of U.S. forces deployed in other nations. However, the President cannot unilaterally enter into executive agreements on matters that are not in his constitutional jurisdiction. In such cases, an agreement should take the form of an agreement between Congress and the executive branch or a contract with the Council and the approval of the Senate.  Most executive agreements were concluded on the basis of a contract or an act of Congress.