19.5.4 The role and power of the president in foreign policy.

Constitutional Basis of Presidential Foreign Policy Powers

Commander in Chief:

The President is granted supreme command over the U.S. military forces under Article II, Section 2 of the Constitution. This role allows the President to make key decisions regarding military operations and defense strategies without needing prior congressional approval. This power has been crucial in instances where swift military action is necessary.

Negotiation of Treaties:

The President has the power to negotiate treaties with other nations. However, these treaties must be ratified by a two-thirds majority in the Senate. This power allows the President to shape international relations and commitments.

Appointment Power:

The President appoints ambassadors, public ministers, and officials to international organizations, playing a crucial role in managing diplomatic relations. These appointments require Senate confirmation.

Receiving Ambassadors and Foreign Officials:

Under Article II, Section 3, the President has the power to engage with foreign governments officially. This role is significant in diplomatic recognition and international relations.

Head of State:

The President represents the United States at official functions and sets the tone for international relations. The role of the head of state is crucial in diplomacy and maintaining international relationships.

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Expansion of Presidential Power in Foreign Policy

Executive Agreements:

These are agreements made between the President and other nations that do not require Senate ratification, bypassing the two-thirds majority needed for treaties. This power has been increasingly used due to the difficulty in achieving Senate approval in a polarized political environment.

Military Force Without Formal Declaration of War:

Presidents have increasingly engaged in military actions without seeking formal declarations of war from Congress. This is often justified by the need for flexibility in responding to global threats.

War Powers Resolution (1973):

This resolution was passed to restrict the President's ability to engage in military conflicts without congressional consent. It requires the President to notify Congress within 48 hours of committing armed forces to military action and limits the deployment to 60 days without congressional approval. However, Presidents have often interpreted this resolution as authorizing short-term military action without formal approval.

National Security Threats and Intelligence:

The President's role has expanded in response to international terrorism and cyberattacks, leading to increased surveillance and intelligence operations. These actions are often conducted with a high degree of secrecy and autonomy.

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Congressional Attempts to Reassert Power

War Powers Resolution of 1973:

Congress passed this resolution to reclaim its authority to declare war, aiming to limit the President's unilateral military actions. However, its effectiveness has been debated as Presidents often circumvent it.

Power of the Purse to Defund Military Actions:

Congress can use its control over funding to restrict military actions, reflecting public opinion and serving as a check on the President's power.

Increased Oversight and Investigations:

Congress has actively employed oversight powers to scrutinize the executive branch's foreign policy actions. This includes hearings, commissions, and special investigations to hold the President accountable.

Congressional Leaders' Active Role in Foreign Affairs:

Congressional leaders have increasingly taken active roles in foreign policy, sometimes diverging from or complementing the President's stance.

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Influence of Public Opinion and Midterms

Public Opinion:

Public sentiment plays a crucial role in shaping foreign policy, particularly when it turns against military engagements. This shift can lead to increased congressional oversight and limitations on the President's power.

Midterm Elections:

Midterms often serve as a referendum on the President's foreign policy, with dissatisfaction leading to the election of members of Congress who oppose the President's actions. This can lead to increased oversight, restrictions on funding, and legislative challenges to the President's foreign policy agenda.

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Recent Presidential Actions in Foreign Policy

Joe Biden:

Biden has focused on rejoining international agreements and addressing global issues such as climate change and the Ukraine war. However, his administration has faced challenges, including criticism over the withdrawal from Afghanistan and growing Republican resistance to the cost of supporting Ukraine.