Evaluate the view that US Foreign Policy is dominated as much by Congress as the President. Flashcards
Introduction - Themes
- War
- Setting the Tone
- Negociation of Treaties
Introduction - Arguments
The President completely dominates foreign policy - Congress has next to no power
Congress - War - Point
In the Constitution Congress is granted the sole power to ‘declare war’ and also hold the ‘power of the purse.’ More recently there have been repeated legislative efforts to stop the President having so much power
Congress - War - Examples
- In 1973, Congress passed the War Powers Act which said the President had to inform Congress within 48 hours and go back for approval within 60 days
- Russel Feingold said in 2007 - ‘now Congress must use its main power, the power of the purse to put an end to our involvements in this disasterous war’
President - War - Point
Although Congress many hold the power to declare war, Presidents have found methods to bypass. Similarly, the ‘power of the purse’ and War Powers Act are seemingly difficult to implement once troops have been deployed
President - War - Examples
- Congress has not declared war since 1941 when they declared war in Japan - but this US has still entered numerous other countries
- The Democrats tried the War Spending Bill which would implement their powers of the purse on Bush’s War in Iraq and Arghanistan - this was vetoed
Congress - Setting the Tone - Point
The President has the ability to set the tone for foreign policy during this period - however, a lot of what they wish to achieve depends on Congressional cooperation and if Congress oppose it is unlikely to happen
Congress - Setting the Tone - Examples
- Obama promused the closure of the Guantanamo Bay detention camp - this never materialised due to Congress not cooperating during a period of divided government
- Obama found it was difficult to get support to sent troops to Syria this was largely due to the lack of support from the public - ‘the post Iraq blues’
President - Setting the tone - Point
The Presidnet can act unilaterally and there is little Congress can do, especially if they have public support
President - Setting the Tone - Examples
- Obama acted completely unilaterally when going into Syria - he did not consult Congress, have British support nor the public’s
- Biden was very clear in his State of the Union Address in January 2023 that he would take a tough stance on China - during the same time the US shot down 4 Chinese ‘weather balloons’
Congress - Negociation of Treaties - Point
The Constitution given the Senate the sole power to ratify treaties, this means the President cannot enter an agreement with other countries without Congressional agreement
Congress - Negociation of Treaties - Examples
- In 1999, the Senate rejected the ‘Comprehensive Nuclear Test Ban Treaty’
- There is a supermajority needed for a treaty to be ratified, in the era of hyper partisanship it is near impossible to gain Senate ratification
President - Negociation of Treaties - Point
As it is so unlikely that the President will get their treaty ratified in the Senate due to the need for a 2/3 majoirty, the President has found a method to bypass Congress - Executive Agreements
President - Negociation of Treaties - Examples
- Obama signed the Paris Agreement as an executive agreement as he was aware he would not get it through Congress
- Obama also signed the Iran Nuclear Deal in 2015 - this was widely criticised and people said it should be a treaty - the Senate was anti-Iran