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The U.S. Supreme Court Pink (1942) found that international agreements, which were concluded in law, have the same legal status as treaties and do not require Senate approval. To Reid v. Concealed (1957), the Tribunal, while reaffirming the President`s ability to enter into executive agreements, found that such agreements could not be contrary to existing federal law or the Constitution. During the first half-century of its independence, the United States participated in sixty treaties, but only 27 published executive agreements. At the beginning of the Second World War, there were about 800 treaties and 1,200 executive treaties. During the period 1940-1989, the nation entered into 759 contracts and issued 13,016 executive contracts. In total, in 1989, the United States was parties to 890 contracts and 5,117 executive contracts. In relative terms, in the first 50 years of its history, the United States has twice as many treaties as executive agreements.

In the fiftieth anniversary from 1839 to 1889, there were more executive contracts than contracts. From 1889 to 1939, almost twice as many executive contracts were entered into as contracts. Between 1939 and 1993, executive agreements include more than 90% of international agreements reached.439 During the Watergate scandal, which erupted in the 1970s after President Richard Nixon authorized a large number of illegal acts, Congress was investigating the extent of the president`s powers and belatedly realizing that the United States had been in a permanent exception since 1950. As a result, the National Emergencies Act in 1976 set a two-year limit for emergency declarations, unless the President expressly extends it and requires the President to determine in advance the legislation that will be invoked. The Act ended the 1950 state of emergency on September 14, 1978; but even in the 21st century, federal courts have upheld harsh sentences for crimes committed during the national state of emergency from 1950 to 1978, when sentences degenerated because of the existence of this state of emergency. The constitutional ineligibility clause prevents the president from being a member of Congress at the same time.