Introduction

Article II, Section 2 of the U.S. Constitution states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur… ” An early attempt by the President and Senate to negotiate the exercise of this power provided an interesting anecdote. According to the Senate Historical Office, on August 22, 1789, President Washington traveled to the Senate to submit a treaty concerning Native American Indian Tribes. While the President waited, the Senate decided to postpone consideration of the treaty rather than debate the questions in front of the President. According to Maclay’s Journal an irritated, President Washington exclaimed, “This defeats every purpose of my coming here!” and resolved to submit subsequent treaty communications to the Senate in writing.

This guide brings together the published resources patrons can use when trying to research treaties to which the United States was or is a party. To learn more about the development of the treaty power and its application, please refer to the United States Constitution: Analysis and Interpretation’s discussion of Article II, Section 2.

Lithograph by N. Currier. *Wm. Penn's treaty with the Indians when he founded the province of Pennsya. 1661: the only treaty that never was broken.* Created between 1835 and 1856. Popular Graphic Arts Collection. Library of Congress Prints and Photographs Division.

Resources Referenced

America's Founding Documents (U.S. National Archives and Records Administration)
These three documents, known collectively as the Charters of Freedom, have secured the rights of the American people for more than two and a quarter centuries and are considered instrumental to the founding and philosophy of the United States.
Irritating the President (August 5, 1789)
An account of some of the early precedents set during the presidency of George Washington in his dealings
with the U.S. Senate.
Senate Historical Office
The U.S. Senate Historical Office collects and provides information on important events, precedents, dates, statistics, and historical comparisons of current and past Senate activities for use by members and staff, the media, scholars, and the general public.
United States Constitution: Analysis and Interpretation (Congress.gov)
The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic.

U.S. Treaties: A Beginner's Guide

Law Library: Ask a Librarian

Introduction

Resources Referenced