<P> The Constitution did not explicitly give me power to bring about the necessary agreement with Santo Domingo . But the Constitution did not forbid my doing what I did . I put the agreement into effect, and I continued its execution for two years before the Senate acted; and I would have continued it until the end of my term, if necessary, without any action by Congress . But it was far preferable that there should be action by Congress, so that we might be proceeding under a treaty which was the law of the land and not merely by a direction of the Chief Executive which would lapse when that particular executive left office . I therefore did my best to get the Senate to ratify what I had done . </P> <P> A sole - executive agreement can only be negotiated and entered into through the president's authority (1) in foreign policy, (2) as commander - in - chief of the armed forces, (3) from a prior act of Congress, or (4) from a prior treaty . Agreements beyond these competencies must have the approval of Congress (for congressional - executive agreements) or the Senate (for treaties). </P> <P> In 1972, Congress passed legislation requiring the president to notify Congress of any executive agreements that are formed . </P> <P> Although the nondelegation doctrine prevents Congress from delegating its legislative authority to the executive branch, Congress has allowed the executive to act as Congress's "agent" in trade negotiations, such as by setting tariffs, and, in the case of Trade Promotion Authority, by solely authoring the implementing legislation for trade agreements . The constitutionality of this delegation was upheld by the Supreme Court in Field v. Clark (1892). </P>

How can the president bypass senate approval of a treaty