在美国缔结国际条约和国际协议的权力主要归属于国会。总统作为最高军事统帅,享有部分缔约权,这部分权力属于行政权中的“内含缔约权”(inherent authority)。随着国际经济交往的深入,美国国会开始将缔结部分经济与贸易协议的权力让渡给总统,这部分权力属于“授权缔约权”(delegatedauthority)。授权缔约权的范围有多大?总统是如何获得这些权力的?通过授权缔约权缔结的国际协议具有直接适用效力还是间接适用效力?美国宪法对此没有规定。要厘清这些关系,除了仔细研读宪法相关规定之外,我们还需要进一步了解美国的立法实践以及总统缔约权的变迁历史。 The power to conclude international treaties and international agreements in the United States is mainly vested in the National Assembly. As the supreme military commander, the president enjoys part of the treaty power, which is part of the “inherent authority” of the executive power. With the deepening of international economic exchanges, the US Congress began to hand over the power of concluding some economic and trade agreements to the president. This part of the power belongs to “delegatedauthority.” What is the scope of the power to authorize contracting power and how does the president obtain these power? The international agreement concluded by authorizing power of attorney has the direct or indirect effect. The United States Constitution does not provide for this. To clarify these relations, in addition to carefully studying the relevant provisions of the Constitution, we also need to learn more about the legislative practice in the United States and the history of the vicissitudes of presidential contracting power.