HY 357 Lecture Notes - Lecture 65: Gulf War, Media Play, Central Intelligence Agency
6 Jun 2018
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Making Foreign Policy
Under the Constitution, both the president and Congress have a role in foreign policy. Each has
been given specific powers and has assumed additional authority either through precedent or by
relying on other constitutional responsibilities. Since the Vietnam War, Congress has tried to
exert more influence and control over foreign policy.
The president and foreign policy
The president negotiates treaties, appoints ambassadors to represent the United States
overseas, and is commander in chief of the armed forces. Throughout U.S. history,
presidents have used their power as head of the military to involve the nation in
numerous conflicts abroad without a formal declaration of war by Congress, and they
have found other ways to get around constitutionally imposed limitations on their ability
to set the direction of American foreign policy.
Even though they are effective only during the term of the president who made
them, executive agreements negotiated with another head of state do not require
Senate approval. Presidents also have access to discretionary funds that can be (and
have been) used to finance both military and diplomatic initiatives. Presidents routinely
rely on special envoys, who do not require Senate confirmation, to carry out
negotiations with other countries.
Congress and foreign policy
The constitutional function of Congress is essentially to act as a check on presidential
power. Only Congress can declare war, and the Senate must approve all treaties and
confirm the president's nominees for ambassadorial and cabinet positions. Congress
has additional authority through its appropriation and oversight functions. As must all
government programs, the operations of foreign policy must be funded. Congress can
cut or increase foreign aid or the budget for a defense project. It can set restrictions on
the length of time American troops are deployed during an international crisis by
refusing to pay for them beyond a certain date. The Foreign Affairs and Intelligence
Committees of both the House and the Senate have investigated the Iran-Contra affair
as well as the operations of the Central Intelligence Agency (CIA).
Congress has used its power to make laws that specifically limit the freedom of action of
the president in foreign policy. The Neutrality Acts (1935–1937) are an early example.
The 1973 War Powers Act, which was a direct response to the Vietnam War, requires
that Congress be consulted whenever the president is ready to commit American
troops. It puts a 60-day limit on their deployment (with an additional month for
withdrawal) without further congressional approval. Vetoed by President Nixon and
generally opposed by his successors, the act's effectiveness has been questioned. Still,
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Document Summary
Under the constitution, both the president and congress have a role in foreign policy. Each has been given specific powers and has assumed additional authority either through precedent or by relying on other constitutional responsibilities. Since the vietnam war, congress has tried to exert more influence and control over foreign policy. The president negotiates treaties, appoints ambassadors to represent the united states overseas, and is commander in chief of the armed forces. Even though they are effective only during the term of the president who made them, executive agreements negotiated with another head of state do not require. Presidents also have access to discretionary funds that can be (and have been) used to finance both military and diplomatic initiatives. Presidents routinely rely on special envoys, who do not require senate confirmation, to carry out negotiations with other countries. The constitutional function of congress is essentially to act as a check on presidential power.
