What happens to treaties if they are not ratified by the Senate?

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When a treaty is not ratified by the Senate, it does not come into effect and is essentially not recognized as legally binding. The Constitution stipulates that for a treaty to be valid, it must receive the approval of two-thirds of the Senate. If this threshold is not met, the treaty is automatically rejected and will not be enforced. This rejection means that the negotiating parties cannot invoke the treaty's provisions, and the treaty does not become effective.

Other options consider alternative scenarios that do not align with the constitutional framework regarding treaties. For example, options suggesting that treaties become executive agreements or are enforced despite the lack of ratification overlook the clear distinction in legal status between treaties and executive agreements, as well as the necessity of Senate approval. The possibility of holding treaties for future consideration does not apply in this context, as a failure to ratify is a definitive rejection.

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