The Role of Congress and the President in Foreign Policy | Model Diplomacy

Summary

The video script discusses the overlapping authorities of the U.S. Congress and the President in shaping foreign policy. It outlines Congress's explicit powers, such as declaring war and regulating commerce, and the Senate's role in approving nominations and treaties. The President's role in nominating officials and negotiating treaties is highlighted, with the script noting the historical shifts in power dynamics between the branches. It also explores how Congress can influence foreign policy through legislation, procedural changes, and public opinion. The summary touches on the fluctuating balance of power from the 19th-century 'Congressional government' to the 'imperial presidency' post-WWII, and the modern challenges of congressional consensus versus presidential action.

Takeaways

• 📜 The Constitution grants both Congress and the President significant powers in shaping foreign policy.
• ⚔️ Congress has the authority to declare war, manage defense, raise armies, and control foreign commerce.
• 👥 The Senate's role includes confirming Cabinet officers, ambassadors, and senior military officials.
• 💰 Congress holds the purse strings, with the power to appropriate funds and oversee government operations.
• 🤝 The President nominates cabinet officers and ambassadors and negotiates treaties subject to Senate advice and consent.
• 📚 Congress can influence foreign policy through substantive legislation, dictating policy content.
• 🛠️ Procedural legislation allows Congress to indirectly impact foreign policy by changing decision-making processes within the Executive branch.
• 🗣️ Congress can shape public opinion and foreign policy through hearings, debates, and media appearances.
• 🔄 Historically, the balance of power between the White House and Congress has shifted in response to events.
• 🌐 Post-World War II, the President has generally had more influence over foreign policy, with public support for strong leadership.
• 🚫 Congress's power is most evident when Presidential action requires its consent, as its inertia can impede Presidential initiatives.
• 🛡️ Congress's leverage is lowest when the President can act without its consent, as seen in the use of military force without authorization.
• 🤔 The dynamic between the President and Congress in foreign policy is complex and can vary depending on the situation.

Q & A

What are the explicit powers granted to Congress by the Constitution in terms of foreign policy?

The Constitution grants Congress the power to declare war, provide for a common defense, raise and support armies, regulate foreign commerce, approve nominations of Cabinet officers, ambassadorial appointments, and senior military officials, and appropriate funds.

What is the role of the Senate in foreign policy?

The Senate has explicit authority to approve the nominations of all Cabinet officers, all ambassadorial appointments, and all senior military officials.

What powers does the president have in foreign affairs according to the Constitution?

The president is responsible for nominating all cabinet officers and ambassadors, and has the authority to negotiate treaties, which are subject to the advice and consent of the Senate.

How can Congress affect foreign policy through legislation?

Congress can affect foreign policy by passing substantive legislation that dictates the content of foreign policy, or by passing procedural legislation that changes how foreign policy decisions are made in the Executive branch.

How does Congress indirectly impact foreign policy?

Congress can indirectly impact foreign policy by creating new offices within the State Department to focus on specific issues such as human rights or counterterrorism.

What is another way Congress can shape foreign policy?

Congress can shape foreign policy by shaping public opinion through hearings, floor debates, and media appearances by its members.

How has the balance of power between the White House and Congress evolved over American history?

The balance of power has shifted over time, often in response to events. There have been periods of Congressional government and the imperial presidency, with power drifting towards the president after World War II and away from it after the Vietnam War.

Why did the balance of power shift towards the president after World War II?

The United States emerged as a global power and perceived threats from the Soviet Union and the expansion of Communism, leading to a shift in power towards the president.

When is Congress's power in foreign policy the greatest?

Congress's power is greatest when the president needs Congressional consent to act, as the inertia of Congress can work against the president in such cases.

What is an example of Congress having leverage in foreign policy?

An example is the 2015 negotiations with Iran under the Obama administration, where Congress had passed sanctions that the president could not lift without Congressional consent.

How has Congress attempted to assert its power in foreign policy?

Congress has passed laws such as the War Powers Resolution in 1973 to assert its power in foreign policy, although the effectiveness of such measures has been debated.

What does the historian Arthur Schlesinger Jr.'s description of the War Powers Resolution as a 'toy handcuff' imply?

It implies that the War Powers Resolution has not been very effective in limiting the president's ability to use military force without Congressional authorization.

How does the relationship between the president and Congress in foreign policy affect the country?

The relationship can lead to both positive and negative outcomes. Disagreements may reflect the country's readiness for certain policies, while agreements may not always result in effective policies.

Outlines

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🏛️ Constitutional Balance of Power in Foreign Policy

This paragraph discusses the distribution of foreign policy powers between the U.S. Congress and the President as outlined in the Constitution. Congress has explicit powers such as declaring war, managing defense, controlling commerce, and approving nominations and treaties. The President's powers, though fewer, include nominating officials and negotiating treaties subject to Senate consent. The paragraph also explains the three ways Congress can influence foreign policy: through substantive legislation, procedural legislation, and shaping public opinion. It highlights the historical shifts in power dynamics between the branches, from the 'Congressional government' of the 19th century to the 'imperial presidency' post-WWII, and the subsequent rebalancing after the Vietnam War.

Keywords

💡Constitution

The Constitution refers to the fundamental principles and established precedents according to which a state or other organization is governed. In the context of the video, it is the U.S. Constitution that grants specific powers to Congress and the President in shaping foreign policy, such as the power to declare war and regulate commerce with foreign nations.

💡Cabinet officers

Cabinet officers are the heads of the executive departments of the U.S. government, appointed by the President and confirmed by the Senate. They play a crucial role in foreign policy as they are responsible for implementing and advising on policies within their respective domains, as mentioned in the script regarding the President's authority to nominate them.

💡Ambassadorial appointments

Ambassadorial appointments refer to the process of selecting and assigning ambassadors to represent the United States in foreign countries. The Senate's authority to approve these appointments is highlighted in the script, emphasizing the legislative branch's involvement in foreign policy.

💡Senate

The Senate is one of the two chambers of the United States Congress, with the power to approve treaties and appointments, including those related to foreign policy. The script discusses the Senate's explicit authority in confirming nominations for key foreign policy positions.

💡Foreign policy

Foreign policy encompasses the strategies, tactics, and goals that a nation's government uses to interact with other countries. The script explores the balance of power and the roles of both Congress and the President in formulating and executing U.S. foreign policy.

💡Treaties

Treaties are formal, legally binding agreements between nations. The President has the authority to negotiate treaties, but they must be approved by the Senate, as indicated in the script, which illustrates the checks and balances in the U.S. government's approach to foreign relations.

💡Substantive legislation

Substantive legislation refers to laws that create or amend policy, as opposed to procedural legislation which affects the process of governance. The script mentions that Congress can affect foreign policy by passing substantive legislation, such as deciding to fund or not fund a particular program.

💡Procedural legislation

Procedural legislation is laws that dictate the process or procedures by which policies are implemented or decisions are made. The script gives the example of Congress creating new offices within the State Department to focus on specific issues like human rights or counterterrorism, thereby indirectly impacting foreign policy.

💡Public opinion

Public opinion is the collective view of a community or society on a particular issue. The script discusses how Congress can shape foreign policy by influencing public opinion through hearings, debates, and media appearances, which can sway the national sentiment towards certain foreign policy directions.

💡Overlapping authorities

Overlapping authorities describe a situation where different branches or entities of government have shared or intersecting powers or responsibilities. The script uses this term to describe the dynamic relationship between the President and Congress in the realm of foreign policy, with historical examples illustrating the shifts in power.

💡War Powers Resolution

The War Powers Resolution is a U.S. federal law that aims to check the President's power to commit military forces abroad without the consent of Congress. The script mentions this resolution as an example of Congress's attempt to reassert its authority in foreign policy matters, particularly concerning military engagements.

Highlights

Congress and the president have overlapping authorities in foreign policy as per the Constitution.

Constitution grants Congress explicit powers such as declaring war, raising armies, and overseeing foreign commerce.

Senate has authority to approve Cabinet officers, ambassadorial appointments, and senior military officials.

Congress can influence foreign policy through appropriations, oversight, and shaping public opinion.

President has fewer explicit powers in foreign affairs but is responsible for nominating key officials and negotiating treaties.

Three ways Congress can affect foreign policy: substantive legislation, procedural legislation, and shaping public opinion.

Substantive legislation allows Congress to dictate the content of foreign policy, such as funding decisions.

Procedural legislation enables indirect impact by changing how foreign policy is made in the Executive branch.

Congress can create new offices within the State Department to address issues like human rights or counterterrorism.

Hearings, debates, and media appearances by Congress members aim to shape public opinion on foreign policy.

Power dynamics between the White House and Capitol Hill have fluctuated throughout American history.

19th century saw a period of Congressional government with more legislative influence on foreign policy.

Post-WWII, the US emerged as a global power, leading to an 'imperial presidency' with increased executive power.

After Vietnam, criticism of the imperial presidency led to Congress passing laws to check executive power in foreign policy.

In the modern era, the president has more influence over foreign policy, with public support for strong leadership.

Congress's power is greatest when its consent is needed for presidential action, due to legislative inertia.

2015 Iran negotiations exemplified Congress's leverage when it passed sanctions that the president couldn't lift alone.

Congress's leverage is lowest when the president can use military force without Congressional authorization.

The War Powers Resolution of 1973 was an attempt by Congress to check presidential military action but has had limited success.

Disputes between the president and Congress over foreign policy can reflect national readiness or disagreement on policy direction.

Transcripts

Congress and the president both have extensive authorities in foreign policy.

The Constitution gives Congress numerous explicit powers, among them the power to

declare war, provide for a common defense, raise and support armies,

the power over foreign commerce. In addition, the Senate has explicit authority to approve the

nominations of all Cabinet officers, all ambassadorial appointments,

all senior military officials. Beyond that Congress has the power to

appropriate funds. It has a general power to oversee the operation of the government.

The president also has extensive powers in foreign affairs,

though if you read the Constitution, they're fewer in number.

The president's responsible for nominating all cabinet officers, all ambassadors.

The president also has the authority to negotiate treaties, subject to the advice

and the consent of the Senate. There are three ways Congress can affect foreign policy.

One is by passing substantive legislation, that is, dictating the content of foreign policy.

This is when Congress might, let's say for example, use its power of the purse to decide

to fund a program or not to fund a program. The second way, procedural legislation,

is an indirect impact on foreign policy. Congress decides to change how

foreign policy decisions are made in the Executive branch.

For example, when Congress has been concerned that the

State Department hasn't paid enough attention to, let's say, human rights,

or to counterterrorism, it can pass laws creating new offices within the State Department

that are responsible for those issues.

Finally Congress can shape foreign policy by shaping public opinion.

When we think about Congress holding hearings, or Congress having floor debates,

or members of Congress appearing on TV,

often what they're trying to do is to change public opinion.

When we look at Congress and the president in foreign policy, what we're talking about are

overlapping authorities. Going all the way back to our first president George Washington,

one of his first big political disputes came over whether or not he had the

authority to declare the United States neutral in a war between England and France.

The ebb and flow of power between the White House and Capitol Hill has changed

over the course of American history, usually in response to events. If we were to

go back to the second half of the 19th century, we would discover what we would call

the period of Congressional government. Conversely, we come to the end of World War II,

the United States emerges as a global power, perceives itself to be under threat from the

Soviet Union and the global expansion of Communism, power begins to drift to the president

and we have what we call the imperial presidency. After Vietnam, as people look back and

decide perhaps it wasn't the best use of America's resources, we get criticism of

the imperial presidency and Congress passes a whole slate of laws regarding foreign policy.

In the modern setting, particularly since World War II, clearly the president

has more influence over foreign policy.

Much of the public has been very supportive of strong presidential leadership.

Congress's power in foreign policy is going to be at its greatest

when the president can't act unless Congress does something.

Think of Congress--it's two houses, 535 members, and it can be very difficult to get them

all on the same page, all together, to pass a bill. So where Congressional consent is

needed for the president to act, the inertia of Congress works against the president.

A good example of Congress having leverage in foreign policy came in 2015

over the Obama administration's negotiations with Iran. Congress, over a series of years,

had passed sanctions, encoded in U.S. law, on Iran. The president cannot lift those sanctions on his own.

On the flip side, Congress's leverage in foreign policy is at its lowest in situations in which

the president can act without Congress's consent. Presidents since World War II

have on a number of occasions used military force without Congressional authorization.

Congress at times has fought back against this, most notably

with the passage in 1973 of the War Powers Resolution. It hasn't worked terribly well.

The great historian Arthur Schlesinger Jr. once referred to it as a toy handcuff.

Is it good if the president and Congress squabble over foreign policy?

The answer to that is unsatisfying. It's really, it depends. We have lots of examples

in which presidents and Congress have worked hand-in-glove and the resulting policy

hasn't been terribly good. Likewise, the fact that presidents and Congress may not

agree doesn't mean that something terrible is happening.

It may reflect the fact that the country's not ready for something yet.