Foreign Policy - Congress and Presidency Flashcards
Constitutional basis for President’s power as Commander-in-Chief
Article II, Section 2
Example of President’s power as Commander-in-Chief
Obama’s order of military operation killing Osama bin Laden, 2011
Constitutional basis of president’s power to negotiate treaties
Article II, Section 2 (must be ratified by 2/3 Senate)
Example of President’s power to negotiate treaties
Woodrow Wilson + Treaty of Versailles - ultimately wasn’t ratified by Senate
Constitutional basis of president’s power of appointment
Article II, Section 2 (with Senate approval)
Example of President’s power of appointment
Trump’s appointment of Nikki Haley as US Ambassador to UN, 2017 - she played significant role in shaping US foreign policy
Constitutional basis of president’s power of receiving Ambassadors and Foreign Officials
Article II, Section 3
Example of President’s power of receiving Ambassadors and Foreign Officials
In March 2018, Trump recieved ambassadors from Japan, Madagascar, Mongolia, Ivory Coast on same day
Example of President’s role as Head of State
June 2019 - Trump’s State Visit to the UK
Constitutional basis of president’s role as Head of State
Implied when President is granted executive power (Article II, Section 1)
Constitutional basis of Congress’s power to declare war
Article I, Section 8 - the exclusive power to declare war
Example of Congress’s power to declare war (or lack of)
last time was WW2
Constitutional basis of Congress’s power to ratify treaties
Article II, Section 2 - all treaties must be ratified by 2/3 Senate
Example of Congress’s power to ratify treaties
Arms Trade Treaty 2013 - signed, but not ratified by Senate
Constitutional basis of Congress’s power of regulation of foreign commerce
Article I, Section 8
Example of Congress’s power of regulation of foreign commerce
2020 USMCA Agreement - significant piece of legislation that reshaped trade between US, Mexico and Canada
Constitutional basis of Congress’s power of the purse
Article I, Section 8 - power over taxation and authority to appropriate government spending
Example of Congress’s power of the purse
2019 - Congress voted to block/ limit military aid to Saudi Arabia (against Trump administration) after humanitarian crisis in Yemen + killing of Jamal Khashoggi
Constitutional basis of Congress’s power of impeachment
Article II, Section 2; Article I, Sections 2+3
Example of Congress’s power of impeachment
Impeachment inquiry of Nixon - partly due to actions surrounding the Vietnam War - resigned before he could be impeached
Constitutional basis of Congress’s oversight and interrogative powers
Not explicitly outlined in Constitution, but implied through the functions and responsibilities of Congress
Example of Congress’s oversight and interrogative powers
2017 - multiple Congressional committees (e.g. Senate Intelligence Committee, House Intelligence Committee) initiated investigation into allegations of Russian interference in 2016 election
Constitutional basis of Congress’s power of confirming appointments
Article II, Section 2
Example of Congress’s power of confirming appointments
January 2021 - before US Senate confirmed Antony Blinken as Secretary of State, the Senate Foreign Relations Committee evaluated him as a candidate
How have executive agreements increased Presidential power over foreign policy
Executive agreements bypass need for 2/3 Senate majority for ratification
Positives of use of executive agreements
- need for flexibility and speed in responding to international developments
- with increasing polarisation in Congress, unlikely that treaties will receive 2/3 confirmation - therefore necessary
Example of use of executive agreements
Iran Nuclear Deal 2015 - Obama
Paris Climate Agreement 2016 - Obama, reversed by Trump also without Congress
How has use of military force w/o formal declaration of war increased Presidential power over foreign policy
Bypassed the constitutional power of Congress to declare war - has led to prolonged + significant conflicts w/o Congress
Positives of use of Military Force w/o Formal Declaration of War
flexibility for USA to respond swiftly to global threats
- although Invasion of Iraq was not formally war, he still received authorisation from Congress in 2002
What does the War Powers Resolution of 1973 state
- requires President to notify Congress within 48 hours of committing armed forced to military action
- forbids armed forces for remaining more than 60 days, with further 30 day withdrawal period
Example of use of Military Force w/o Formal Declaration of War
Vietnam War (1964-73)
- Congress still granted LBJ broad authority to increase involvement in Vietnam
Invasion of Iraq (2003)
How has the War Powers Resolution actually strengthened Presidential power in foreign policy?
Presidents have often interpreted the Resolution as implicit authorisation to engage in military action for limited periods
Example of President using War Powers Resolution to their advantage
2020 Drone Strike, killing Iranian General Soleimani - notified to Congress post-factum under War Powers Resolution. Escalated US-Iran tensions
How have National Security Threats and Intelligence changed?
President’s role in addressing national security threats has expanded significantly (extensive surveillance, intelligence ops, targeted killings) - particularly with the emergence of international terrorism and cyber threats
Example of significantly broadened Executive power due to changing national security threats
USA PATRIOT ACT under Bush administration after 9/11 - broadened scope of what could be considered lawful intelligence - access to medical, financial, library records; monitoring of phone + email communications
How did Congress attempt to reassert itself through the War Powers Resolution?
- requires President to notify Congress within 48 hours of committing armed forced to military action
- forbids armed forces for remaining more than 60 days, with further 30 day withdrawal period
Increases Congressional oversight over the President’s role as Commander-in-Chief
Examples of Congressional power due to the War Powers Resolution
Intervention in Syria 2013 (in response to use of chemical weapons) - Obama sought Congressional approval, recognising constraints imposed by the War Powers Resolution
Congress debate + decision not to authorise action –> Obama ultimately didn’t take military action
Example of Congress using Power of Purse to defund Military Interventions
2019 - Congress voted to block/ limit military aid to Saudi Arabia (against Trump administration) after humanitarian crisis in Yemen + killing of Jamal Khashoggi
How have Congress used increased oversight and investigation?
Hearings, commissions, special investigations, Congressional committees
Examples of increased oversight and investigation of Congress
Trump’s Ukraine Scandal and Impeachment - initiated in late 2019
Trump abused presidential powers by pressuring Ukraine (by withholding nearly $400 million in military aid) to investigate Biden - House voted to impeach Trump on abuse of power + obstruction of Congress
Example of Congressional Leaders taking an active role in foreign policy
Nancy Pelosi’s (Speaker of the House) visit to Taiwan in 2022 was seen as a strong show of support for Taiwan and reaffirmation of US commitments under Taiwan Relations Act
