Treaty Ratification

Treaty ratification is the process by which the United States gives formal consent to be bound by a treaty. The President negotiates and signs treaties, and the Constitution requires the advice and consent of two-thirds of senators present before the President can ratify a treaty. The treaty’s entry into force also depends on its terms and the actions of the other parties.

Example: The Senate approved a resolution of ratification for the New START treaty with Russia in December 2010. The treaty entered into force on February 5, 2011, after the required steps by both countries.

Common misconception: Senate approval alone always makes a treaty enter into force immediately. Senate advice and consent is a key constitutional step, but the President and the other treaty party must complete the required procedures.

Sources: https://www.congress.gov/treaty-document/111th-congress/5; https://www.senate.gov/legislative/LIS/roll_call_votes/vote1112/vote_111_2_00274.htm