Cornell Law Review Volume 97 Issue 1

Rational Treaties: Article II, Congressional-Executive Agreements, and International Bargaining

In April 2010, U.S. President Barack Obama and Russian President Dmitry Medvedev signed a new arms-control agreement. “New START” will cut the strategic nuclear arms stockpiles of the two nations by 30%, limit the number of weapon launchers, and link the development of offensive and defensive missile systems. President Obama was required to submit the agreement, the first arms-reduction pact between the two countries since the Moscow Treaty of 2002, to the Senate for its approval before he could ratify it. As the treaty moved through the Senate in the summer of 2010, the Obama administration could count on fifty-nine votes from its own party but was unsure whether it could reach the two-thirds required by Article II, Section 2 of the Constitution for advice and consent.


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