One of the most important aspects of the U.S. Constitution is the establishment of three separate but equal branches of government, and the division of the power to manage foreign relations among the branches. As a result of the Obama Administration’s successful passage of the 2015 Iran Nuclear Agreement (Agreement), the executive branch has potentially assumed some of the Senate’s constitutional power. This Agreement lifts economic sanctions against Iran, with the expectation of curtailing the Iranian nuclear program. The magnitude of this Agreement on the international stage cannot be understated: With the passage of the Agreement, more than $100 billion will become available to Iran.
This Note examines the executive branch’s role in enacting agreements with foreign nations, and considers how the Agreement alters the delicate balance of power between the executive and legislative branches.