A total victory of the United Nations and the unconditional surrender of the Axis powers would eliminate any need for a peace conference such as the one held at Versailles after the end of the last war and any need to sign peace treaties with Germany, Italy or Japan. Post-war political and economic agreements can only be drawn up by the United Nations. To be binding on the United States, such agreements – if concluded in the form of executive agreements – may not need to be submitted to the legislative branch at all; At most, they would require simple majorities in both houses of Congress. Congress was allowed to conclude executive officers early in the negotiations and reach agreements with foreign governments, permission to borrow money from abroad442 and acquire money to pay the government of Algiers to prevent pirate attacks on American shipping.443 Perhaps the first formal authorization in advance of an executive agreement was the adoption of a statute authorizing the postmaster general , “to enter into agreements with postmasters in any foreign country for reciprocal receipt and delivery of letters and parcels through post offices.” 444 Congress also approved, usually by decision, other executive agreements, such as the annexation of Texas and Hawaii and the acquisition of Samoa.445 A fertile source of executive agreements has been the approval of reciprocal agreements between the United States and other countries to secure patent, copyright and trademark protection.446 The challenge of securing a two-thirds vote on contracts. , was one of the motivations behind the huge increase in executive agreements after World War II. In 1952, for example, the United States signed 14 treaties and 291 executive agreements. These were more executive agreements than those concluded during the century from 1789 to 1889. Executive agreements continue to grow rapidly. Most executive agreements were concluded in accordance with a treaty or an act of Congress. However, presidents have sometimes reached executive agreements to achieve goals that would not find the support of two-thirds of the Senate. For example, after the outbreak of World War II, but before the Americans entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that gave the United Kingdom 50 obsolete destroyers in exchange for 99-year leases on some British naval bases in the Atlantic. 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. The largest delegation that Congress has ever undertaken to the President to conclude executive agreements took place in the area of the co-decision powers of the two divisions, the field of foreign relations, and took place at a time when war was within sight and, indeed, a few months away.