Congress and Presidential Foreign Policy Powers

Feb 17, 2025

Foreign Policy Authorities in Congress and the President

Constitutional Powers

  • Congressional Powers:

    • Declare war
    • Provide for common defense
    • Raise and support armies
    • Power over foreign commerce
    • Senate's role in approving nominations for:
      • Cabinet officers
      • Ambassadorial appointments
      • Senior military officials
    • Power to appropriate funds
    • General oversight of government operations
  • Presidential Powers:

    • Nominate cabinet officers and ambassadors
    • Authority to negotiate treaties with Senate consent

Ways Congress Influences Foreign Policy

  1. Substantive Legislation:

    • Directly dictate foreign policy content
    • Example: Using the power of the purse to fund or not fund programs
  2. Procedural Legislation:

    • Indirect impact by changing decision-making in the executive branch
    • Example: Creating new offices in the State Department focusing on specific issues
  3. Shaping Public Opinion:

    • Through hearings, debates, and media appearances

Historical Context

  • Overlapping Authorities: Disputes date back to George Washington's presidency
  • Ebb and Flow of Power:
    • 19th Century: Period of congressional government
    • Post-WWII: Rise of the imperial presidency
    • Post-Vietnam: Criticism and legislative action against imperial presidency

Modern Dynamics

  • Presidential Influence:

    • Stronger since WWII
    • Public support for strong presidential leadership
  • Congressional Influence:

    • Greatest when presidential action requires congressional consent
    • Example: 2015 Iran sanctions where Congress had leverage
  • Presidential Independence:

    • Presidents have acted without Congress, using military force
    • Example: War Powers Resolution of 1973, often ineffective

Good or Bad: Conflict Between President and Congress?

  • Not inherently good or bad
  • Collaboration doesn't guarantee successful policy
  • Disagreement may reflect a country not ready for certain policies