Lecture Notes: Presidential Powers in Foreign Affairs

Overview

• Location: North side of the White House
• Focuses on the power and role of the U.S. president in foreign policy and military actions

Historical Context

• West Wing Decisions
  • President Lyndon Johnson: Escalation of the Vietnam War
  • President George W. Bush: Decisions to invade Afghanistan and Iraq
• Congressional Authorization
  • Presidents often seek Congressional approval for military actions, but sometimes act unilaterally

Presidential Powers

• Chief Diplomat
  • Authority from constitutional clauses to receive ambassadors and make treaties (2/3 Senate approval needed)
• Military Chief
  • Commander-in-Chief role from the Constitution
  • Comparison with Congress's war-making powers, intended by the Constitution to be Congress's domain

Advantages Over Congress

1. Information Control
   • Presidents have greater access to intelligence and policy-related information (CIA, NSA, State and Defense Departments)
   • Congress often receives limited or delayed access to information
2. Leadership
   • Executive authority is unified in the president, unlike Congress’s divided power
   • Facilitates decisive action in foreign policy

Dual Nature of Presidency

• Aaron Wildavsky's "Two Presidencies"
  • Domestic vs. Foreign Affairs
  • Congress more deferential to presidential foreign policy during Cold War

Executive Agreements

• Treaty-like Powers
  • Can make binding agreements without Senate approval
  • Used extensively with over 15,000 agreements since WWII

Presidential War Powers

• Unilateral Action
  • Post-WWII, presidents have engaged in military actions without formal declarations of war by Congress
  • Congressional influence is limited during active conflicts
• Public Opinion
  • Acts as a key restraint on presidential military actions

Case Study: Iraq War

• Initiated by President George W. Bush
  • Cited as a response to weapons of mass destruction (WMD) threat
  • Built public and Congressional support through strategic communication
• Outcome
  • No significant WMDs found; controversy over intelligence validity

Historical Shifts

• Change in War Powers
  • Faster communication and transportation favor presidential decision-making over Congress
• Circumstances and Crisis
  • Rapid global threats require swift presidential action

Conclusion

• Presidential Authority
  • Constitutionally established roles as chief diplomat and commander-in-chief
  • Strong influence in foreign policy through information control, leadership, and unilateral actions

Key Examples

• Executive agreements and war initiation exemplify presidential autonomy in foreign affairs compared to domestic policy.