Foreign Policy Flashcards
Why does Pres. have foreign policy power?
-Pres. is the sole organ of the nation in its external relations and its sole representative w/ foreign nations
-Pres. has intelligent that is unavailable to Congress (CIA)
(Curtiss Wright)
What happened in US v. Curtiss Wright?
Congress passes res. to authorizing pres. to prohibit selling arms to certain countries in dipute. Pres. enforces exec. agreement
-Can Congress delegate law making authority to pres in matters of foreign affairs? YES
- President inherently has greater power in foreign policy
CONS:
-Inconsistent w/ Const. that contains provision concerning foreign policy. EX. Congress has power to regulate commerce w/ foreign nations
- Some say inconsistent w/ framers intent that Pres. not have expansive inherent authority
Treaties v. Exec Agreements?
Treaties→ negotiated by president and ratified by senate. Can’t violate const.
Exec. Agreement→ Const. does not mention this. Can be used for any purpose that a treaty can be used for. Does not have to be ratified by Senate. Only difference is what the label. Court has always sided w/ president on question of exec. Agreement.
