itself a vehicle of executive power since it is literally just a public declaration that the U.S. government considers itself "at war" with a foreign political entity. Regardless of the inability to declare war, the president does have the power to unilaterally order military action in defense of the United States pursuant to "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces". By U.S. law, this power is limited in that he must notify Congress within 48 hours after the beginning of military operations, explaining the source of his authority for the action. Once proper legal notification is given to the required members of Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the president "determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces." As treaties are by U.S. law official agreements with foreign governments recognized as such only after the Senate approves or rejects a resolution of ratification, the president obviously cannot make treaties unilaterally. However, the president does determine and decide U.S. foreign policy, and can enter into non-binding discussions and give conditional approval to agreements reached with foreign governments subject to Senate approval at a future date. Additionally, since official treaties are specifically created under and by constitutional U.S. law, and are entered into by both government and the people as a whole, in their capacity as head of state and as the single individual representative of the United States and its citizens, the president does have Coauthority and Constitutional duty to unilaterally withdraw the United States from treaties when it is in the best interests and well being of the U.S.. As far as presidential appointments, as with treaties a person is not officially and legally appointed to a position until their appointment is approved by the Senate. Prior to Senate approval and publication of that approval along with an official date and time for their swearing-in and assumption of duties and responsibilities, they are nominees rather than appointees. And again, the president nominates people for specific positions at their pleasure and can do so without or in spite of Senate advice. Senate consent