436
Ginsburg, J., dissenting
from their involvement in the National Socialist era and World War II." Id., at 1303. The agreement also provides that "[t]he United States will recommend dismissal on any valid legal ground (which, under the U. S. system of jurisprudence, will be for the U. S. courts to determine)." Ibid. The agreement makes clear, however, that "[t]he United States does not suggest that its policy interests concerning the Foundation in themselves provide an independent legal basis for dismissal." Id., at 1304.
III
A
The President's primacy in foreign affairs, I agree with the Court, empowers him to conclude executive agreements with other countries. Ante, at 415. Our cases do not catalog the subject matter meet for executive agreement,3 but we have repeatedly acknowledged the President's authority to make such agreements to settle international claims. Ante, at 415-416. And in settling such claims, we have recognized, an executive agreement may preempt otherwise permissible state laws or litigation. Ante, at 416-417. The executive agreements to which we have accorded preemptive effect, however, warrant closer inspection than the Court today endeavors.
In United States v. Belmont, 301 U. S. 324 (1937), the Court addressed the Litvinov Assignment, an executive agreement incidental to the United States' recognition of the Soviet Union. Under the terms of the agreement, the Soviet Union assigned to the United States all its claims against American nationals, including claims against New
3 "One is compelled to conclude that there are agreements which the President can make on his sole authority and others which he can make only with the consent of the Senate (or of both houses), but neither Justice Sutherland [in United States v. Belmont, 301 U. S. 324 (1937)] nor any one else has told us which are which." L. Henkin, Foreign Affairs and the United States Constitution 222 (2d ed. 1996).
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