Foreign Policy - Congress and Presidency

Question 1

Constitutional basis for President’s power as Commander-in-Chief

Answer 1

Article II, Section 2

Question 2

Example of President’s power as Commander-in-Chief

Answer 2

Obama’s order of military operation killing Osama bin Laden, 2011

Question 3

Constitutional basis of president’s power to negotiate treaties

Answer 3

Article II, Section 2 (must be ratified by 2/3 Senate)

Question 4

Example of President’s power to negotiate treaties

Answer 4

Woodrow Wilson + Treaty of Versailles - ultimately wasn’t ratified by Senate

Question 5

Constitutional basis of president’s power of appointment

Answer 5

Article II, Section 2 (with Senate approval)

Question 6

Example of President’s power of appointment

Answer 6

Trump’s appointment of Nikki Haley as US Ambassador to UN, 2017 - she played significant role in shaping US foreign policy

Question 7

Constitutional basis of president’s power of receiving Ambassadors and Foreign Officials

Answer 7

Article II, Section 3

Question 8

Example of President’s power of receiving Ambassadors and Foreign Officials

Answer 8

In March 2018, Trump recieved ambassadors from Japan, Madagascar, Mongolia, Ivory Coast on same day

Question 9

Example of President’s role as Head of State

Answer 9

June 2019 - Trump’s State Visit to the UK

Question 9

Constitutional basis of president’s role as Head of State

Answer 9

Implied when President is granted executive power (Article II, Section 1)

Question 10

Constitutional basis of Congress’s power to declare war

Answer 10

Article I, Section 8 - the exclusive power to declare war

Question 11

Example of Congress’s power to declare war (or lack of)

Answer 11

last time was WW2

Question 12

Constitutional basis of Congress’s power to ratify treaties

Answer 12

Article II, Section 2 - all treaties must be ratified by 2/3 Senate

Question 13

Example of Congress’s power to ratify treaties

Answer 13

Arms Trade Treaty 2013 - signed, but not ratified by Senate

Question 14

Constitutional basis of Congress’s power of regulation of foreign commerce

Answer 14

Article I, Section 8

Question 15

Example of Congress’s power of regulation of foreign commerce

Answer 15

2020 USMCA Agreement - significant piece of legislation that reshaped trade between US, Mexico and Canada

Question 16

Constitutional basis of Congress’s power of the purse

Answer 16

Article I, Section 8 - power over taxation and authority to appropriate government spending

Question 17

Example of Congress’s power of the purse

Answer 17

2019 - Congress voted to block/ limit military aid to Saudi Arabia (against Trump administration) after humanitarian crisis in Yemen + killing of Jamal Khashoggi

Question 18

Constitutional basis of Congress’s power of impeachment

Answer 18

Article II, Section 2; Article I, Sections 2+3

Question 19

Example of Congress’s power of impeachment

Answer 19

Impeachment inquiry of Nixon - partly due to actions surrounding the Vietnam War - resigned before he could be impeached

Question 20

Constitutional basis of Congress’s oversight and interrogative powers

Answer 20

Not explicitly outlined in Constitution, but implied through the functions and responsibilities of Congress

Question 21

Example of Congress’s oversight and interrogative powers

Answer 21

2017 - multiple Congressional committees (e.g. Senate Intelligence Committee, House Intelligence Committee) initiated investigation into allegations of Russian interference in 2016 election

Question 22

Constitutional basis of Congress’s power of confirming appointments

Answer 22

Article II, Section 2

Question 23

Example of Congress’s power of confirming appointments

Answer 23

January 2021 - before US Senate confirmed Antony Blinken as Secretary of State, the Senate Foreign Relations Committee evaluated him as a candidate

Question 24

How have executive agreements increased Presidential power over foreign policy

Answer 24

Executive agreements bypass need for 2/3 Senate majority for ratification

Question 25

Positives of use of executive agreements

Answer 25

• 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

Question 26

Example of use of executive agreements

Answer 26

Iran Nuclear Deal 2015 - Obama
Paris Climate Agreement 2016 - Obama, reversed by Trump also without Congress

Question 27

How has use of military force w/o formal declaration of war increased Presidential power over foreign policy

Answer 27

Bypassed the constitutional power of Congress to declare war - has led to prolonged + significant conflicts w/o Congress

Question 28

Positives of use of Military Force w/o Formal Declaration of War

Answer 28

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

Question 29

What does the War Powers Resolution of 1973 state

Answer 29

• 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

Question 29

Example of use of Military Force w/o Formal Declaration of War

Answer 29

Vietnam War (1964-73)
- Congress still granted LBJ broad authority to increase involvement in Vietnam

Invasion of Iraq (2003)

Question 30

How has the War Powers Resolution actually strengthened Presidential power in foreign policy?

Answer 30

Presidents have often interpreted the Resolution as implicit authorisation to engage in military action for limited periods

Question 31

Example of President using War Powers Resolution to their advantage

Answer 31

2020 Drone Strike, killing Iranian General Soleimani - notified to Congress post-factum under War Powers Resolution. Escalated US-Iran tensions

Question 32

How have National Security Threats and Intelligence changed?

Answer 32

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

Question 33

Example of significantly broadened Executive power due to changing national security threats

Answer 33

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

Question 34

How did Congress attempt to reassert itself through the War Powers Resolution?

Answer 34

• 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

Question 35

Examples of Congressional power due to the War Powers Resolution

Answer 35

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

Question 36

Example of Congress using Power of Purse to defund Military Interventions

Answer 36

2019 - Congress voted to block/ limit military aid to Saudi Arabia (against Trump administration) after humanitarian crisis in Yemen + killing of Jamal Khashoggi

Question 37

How have Congress used increased oversight and investigation?

Answer 37

Hearings, commissions, special investigations, Congressional committees

Question 38

Examples of increased oversight and investigation of Congress

Answer 38

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

Question 39

Example of Congressional Leaders taking an active role in foreign policy

Answer 39

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