First, under our Constitution, the president has sole authority to negotiate with foreign governments as the representative of the United States government. There can be no rivalry with the president by other persons or institutions seeking to conduct foreign policy on their own. As the U.S. Supreme Court decided in United States v. Curtiss-Wright Export Corp. (1936):
The President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it.
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