According to the constitution, who has the main responsibility for foreign policy?

journal article

Journal of International Affairs

Vol. 23, No. 2, National Politics and Foreign Policy (1969)

, pp. 210-224 (15 pages)

Published By: Journal of International Affairs Editorial Board

https://www.jstor.org/stable/24356624

Journal Information

Founded in 1947, the Journal of International Affairs is a leading foreign affairs periodical edited by the graduate students at the Columbia University School of International and Public Affairs. The Journal is published bi-annually and has readership in over eighty countries. It has earned worldwide recognition for its unique single-topic format, and for framing heated debates in international affairs since its inception.

Publisher Information

Founded in 1947, the Journal of International Affairs is a leading peer-reviewed journal published by the School of International and Public Affairs at Columbia University. It is the premier university-affiliated periodical in the field and has earned worldwide recognition for framing the heated debates that define global events and foreign policy.

The United States Constitution regulates the conduct of American foreign policy through a system of checks and balances. The Constitution provides both Congress and the President, as the legislative and executive branches respectively, with the legal authority to shape relations with foreign nations. It recognises that only the federal government is authorised to conduct foreign policy; that federal courts are competent in cases arising under treaties; and declares treaties the supreme law of the land. The Constitution also lists the powers of Congress, including the 'power of the purse' (namely the ability to tax and spend public money on behalf of the federal government), the power to regulate commerce with foreign nations, the power to declare war and the authority to raise and support the army and navy. At the same time, the President is the Commander-in-Chief of the United States (US) army and navy and, although Congressional action is required to declare war, it is generally agreed that the President has the authority to respond to attacks against the US and to lead the armed forces. While the President’s powers are substantial, they are not without limits, due to the role played by the legislative branch. In light of the discussion of the foreign policy options of the new administration under President Donald Trump, this briefing specifically explores the powers conferred to conclude international agreements, to regulate commerce with foreign nations, to use military force and to declare war. It also explains how Congress performs its oversight – or ‘watchdog’ – functions with regard to foreign policy, the tools at its disposal, and the role of committees in the process.

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The US Constitution contains ambiguities regarding the roles of Congress and the President in making foreign policy. In practice, strong Presidents and legislators have often asserted their prerogatives in this area at the expense of the other. A case in point is the Iran Nuclear Agreement Review legislation, whereby Congress is insisting on approving the final agreement despite opposition by the Obama Administration.

The debate over foreign policy powers arises from the language of the US Constitution that gives the President the power to make treaties and nominate Ambassadors and Executive Department leaders, with the advice and consent of the Senate. In addition to these responsibilities, the President acts as Commander-in-Chief of the Armed Forces and has the duty to receive Ambassadors and other public ministers from abroad. Since World War II, these powers have generally been interpreted as giving the President primacy in the conduct of US foreign policy.

The Senate’s important role in the ratification of treaties and in approving Ambassadorial nominations and high ranking Executive Branch officials also is explicitly contained in the US Constitution. Other Constitutional sources of congressional power in foreign policy making include (1) the responsibility for appropriating all government monies, including foreign assistance; (2) the power to declare war under Article 1, Section 8 of the US Constitution and (3) the power to regulate commerce with foreign nations. Congress has used these powers to claim the right to limit or guide the President’s foreign policy, and on occasion has tried to initiate its own policies. The actions of Congress regarding foreign policy have drawn criticism from all presidents as meddling in presidential affairs.

An example of congressional-presidential conflict over foreign policy powers is the debate that occurred over the use of US troops to liberate Kuwait following Iraq’s invasion in 1990. A group of House members sought a preliminary injunction in US Court to prevent George H.W.Bush from ordering US troops into offensive combat without specific congressional authorization. The court, however, was reluctant to become embroiled in war-making disputes between Legislative and Executive branches and refused the request. Ultimately, President Bush requested and Congress approved a resolution authorizing the use of military force to liberate Kuwait.

A more recent example of Presidential-Congressional conflict occurred in 2002 when President George W. Bush received congressional approval for the use of force against Iraq in 2002. He used this approval to invade Iraq in early 2003. What appears to be lost is the congressional requirement to declare war. This requirement is being replaced by resolutions authorizing military activities. In effect, Congress is ceding its constitutional authority to declare war to the President.

The Congress has made clear its desire that any military action in Syria or Iran require a congressional resolution authorizing the use of force against ISIL. The Administration broadly interprets the 2002 resolution as allowing the use of force to fight terrorism, while Congress insists the authority is limited to Iraq and wants a new resolution against ISIL. This is an on-going debate within Congress and there have been legislative moves that would replace the War Powers Act, but so far Congress has not acted on the legislation.

By far, however, Congress’s greatest authority over US foreign policy is its “power of the purse”. Since Congress is given the sole power to appropriate monies, Constitutional experts believe Congress possesses the power to determine how money can be used. This determination can be expressed as a policy applicable to the use of funds or as a restriction or limitation on the use of funds. Congress’s power to determine whether or not to fund a particular country or program significantly affects US foreign policy.

Information gathered and sourced from Congressional Quarterly

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