Inferior Domestic Treaty Institutions Lead to Less Democracy and Security: The Case of the United States

ABSTRACT At present, the United States institution handling international agreements is replete with uncertainty about the precise role of different branches of the government and the rules government actors are to follow. The result is inferior democratic rule and a worse bargaining position in world affairs. This article surveys the institution’s current problems with treaties, congressional-executive agreements, and sole executive agreements. It explains the judicial response and why historical practice has not led to a resolution, but an exacerbation of problems. It lays out the costs of these problems and articulates how cementing the Senate’s role in agreements would greatly augment both democarcy and security.