The President's Authority Over Foreign Affairs

The President's Authority Over Foreign Affairs
Author: Jefferson Powell
Publisher:
Total Pages: 194
Release: 2002
Genre: Law
ISBN:

Debate over who has the authority to make foreign policy for the United States has been a constant feature of our political and constitutional history. In the modern era, the debate has come to be both shrill and stale: the proponents of presidential autonomy and the advocates of congressional supremacy start from mutually incompatible premises and come to predictable, and antagonistic, conclusions. The President's Authority Over Foreign Affairs argues that the best interpretation of our Constitution's distribution of foreign affairs authority resolves this irresolvable stand-off. Powell presents a traditional legal argument, giving careful weight to original understandings, early practice and considerations of institutional structure, and concludes that the Constitution vests the president with the clear authority to formulate and implement foreign policy. At the same time, the Constitution vests Congress with powers that enable it to exercise a near-absolute veto -- not on the president's foreign policy choices, but on his or her ability to carry those choices out. The resulting system of interlocking constitutional powers is faithful to the Constitution's text and to the purposes that are embodied in it. In making this argument, a variety of hotly contested issues are addressed, and Powell shows how constitutional interpretation enables us to reach satisfactory answers.

To Chain the Dog of War

To Chain the Dog of War
Author: Francis Dunham Wormuth
Publisher: University of Illinois Press
Total Pages: 380
Release: 1989
Genre: History
ISBN: 9780252060687

"An important book . . . that I wish every member of Congress and would-be president would carefully study." -- George McGovern "A timely and valuable study that makes a useful contribution to preserving the Constitution and our hopes for survival." -- Journal of American History "To Chain the Dog of War does an excellent job of putting together some very complex material, and it comes out at a most propitious time." -- Arthur S. Miller, Professor of Law, George Washington University "A most thorough study. . . . it would be useful is this book could be prescribed to our decision-makers as required reading." -- Louis B. Sohn, University of Georgia, School of Law

A Question of Balance

A Question of Balance
Author: Thomas Mann
Publisher: Brookings Institution Press
Total Pages: 278
Release: 2010-12-01
Genre: Political Science
ISBN: 0815705239

In recent years, a more active and aggressive Congress has often sharply disagreed with the president over the ends and means of American foreign policy. The normal tensions that arise in the U.S. system of separate institutions sharing power have been exacerbated by the contemporary pattern of split-party control of the two branches. The ensuing conflict in areas ranging from Central America to China has stimulated a spirited debate about the constitutional authority and institutional competence of the president and Congress to make foreign policy. In this volume, noted authors, led by Thomas Mann, examine executive-legislative relations in five major policy areas: war powers, intelligence, arms control, diplomacy, and trade. They offer a fresh analysis of the sources and consequences of conflict between the President and Congress as well as constructive suggestions for strengthening each branch's comparative advantages.

Treaty Politics and the Rise of Executive Agreements

Treaty Politics and the Rise of Executive Agreements
Author: Glen S Krutz
Publisher: University of Michigan Press
Total Pages: 265
Release: 2009-07-09
Genre: Political Science
ISBN: 0472022113

“Krutz and Peake’s book . . . puts another stake in the heart of the ‘imperial presidency’ argument.” —Lisa L. Martin, University of Wisconsin–Madison, American Review of Politics “Krutz and Peake reach their conclusions as a result of carefully crafted examination that might be cited as a model of political analysis of this sort . . . As [they] introduce each chapter with a summary of the argument as developed and supported to that point, the reader can enter into and understand their discussion and argument at virtually any point in the book. In sum, Treaty Politics and the Rise of Executive Agreements is a clearly written and important book that adds substantially to the existing literature on the presidency and on presidential-congressional relations.” —Roger E. Kanet, University of Miami, International Studies Review “One can only hope that this fine and challenging book starts an argument, or at least a dialogue, about presidential power in a post-Bush era. It merits the attention of presidency and congressional scholars, and those interested in the interaction of America’s political institutions.” —Michael A. Genovese, Loyola Marymount University, Journal of Politics

The Constitution’s Text in Foreign Affairs

The Constitution’s Text in Foreign Affairs
Author: Michael D. Ramsey
Publisher: Harvard University Press
Total Pages: 505
Release: 2007-06-01
Genre: Law
ISBN: 067427816X

This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations. Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.

The Constitution and the Conduct of American Foreign Policy

The Constitution and the Conduct of American Foreign Policy
Author: David Gray Adler
Publisher:
Total Pages: 426
Release: 1996
Genre: Law
ISBN:

In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.