ETVT president controls foreign policy (30) Flashcards
Military means they cannt
War powers Act 1973, Requires the president to give congressional notice within 48 hours of committing troops, if no authorization is given than troops cannot remain for more than 60 days
Congress has power of the purse, refusal to fund the Vietnam war was a resultant of the end. The Case–Church Amendment was legislation attached to a bill funding the U.S. State Department. It was approved by the U.S. Congress in June 1973 and prohibited further U.S. military activity in Vietnam, Laos and Cambodia unless the president secured Congressional approval in advance. This ended US military action in Vietnam.
Constitution gives congress the power to declare war under article 1 section 8.
Bush faced more restrictions in his later years, Hamdan v Rumsfeld 2006 states that military commissions created at Guantanamo Bay were unlawful.
Military means they can
Obama most recently in Libya bypassed the War Powers Act 1973, sent ‘military advisors’ and US troops in 2011 but didn’t constitute ‘hostilities’ therefore he didn’t have to seek authorization.
Clinton was able to use US troops in NATO peacekeeping missions in the federal republic of Yugoslavia in the 1999 without approval from congress, this is arguably in violation of the war powers act 1973.
Bush VP Bruce Cheney believed that the administration had a duty to revive the executive branch, and exploit presidents bush’s status as a ‘wartime president’ Guantanamo bay, set up military commissions to try detainees in 2002 and congress had little ability to check this until they were declared unconstitutional in 2006, however as of may 2023 30 prisoners remain as Guantanamo Bay. This showed that bush was willing to push his presidential power to challenge the limits of the constitution.
Trump launched a missile strike in 2017 against the Syrian government and a airstrike against a Iranian General in 2020, which was heavily criticised by house speaker Nancy Pelosi for transgressing the war powers act.
Treaties mean they cant
Case Act of 1972 requires the president to notify congress of all EAs.
Obamas joint comprehensive plan of action 2015 was passed through a EA, as he knew congress would not ratify a treaty, the EA was repealed by Trump in 2018.
The senate rejected 7 treaties in the 20th century including Obamas Convention on the rights of persons with disabilities, Treaties must be ratified in the senate with a 2/3 majority. EAs not as useful as they can be easily overturned by future presidents, for example Biden rejoined both the UN human rights council and the Paris agreement when he came into office.
Rejection of the Comprehensive Test Ban Treaty in 1999
Treaties mean they can
Despite congress having significant power to ratify treaties the president can use EA to bypass congress.
Paris agreement and the joint comprehensive plan of action both passed in 2015, Obama did not believe he could pass the Joint comprehensive plan of action in congress and therefore easily bypassed the chamber.
Trump withdrawal from the Human Rights council in 2018 without permission from congress, meaning he could very easily conduct his foreign policy agenda.
They are head of state
Formally the Head of state and therefore engages in diplomacy abroad, article 3 of the constitution also gives them the power to negotiate with foreign governments and appoint ambassadors. These responsibilities make the President the Chief Diplomat of the United States.
Biden visited Poland and Ukraine in 2023 to give speeches and show support towards the Ukraine war, this power alone allows the president to influence the foreign policy agenda of the United States.
They also are the representative of the United States at a number of international conferences, for example Biden attended and spoke at COP26 in 2021 representing the interests of the US.
Head of state isnt a effective power
Head of state doesn’t give the president power over foreign policy agenda.
Congressional leaders have attempted to run alternative foreign policy to the president, for example HoR speaker Nancy Pelosi’s visit to Syria in 2007, she held talks with president Assad and challenging president Bush policy.
