Lecture Notes: Presidential Power in Foreign Affairs

Introduction

• Location: North side of the White House
• West Wing: Offices for the president and top advisors
  • Key decisions made here:
    • Lyndon Johnson's decision to escalate Vietnam War
    • George W. Bush's decision to invade Afghanistan and later Iraq
    • Presidents often seek Congress approval but also act on their own authority

Presidential Authority in Foreign Policy

• Roles:
  • Chief Diplomat
    • Power to receive ambassadors
    • Power to make treaties (subject to Senate approval)
  • Commander-in-Chief
    • Constitutionally granted; more concise than Congress's war-making powers
• Historical Context:
  • James Madison: Executive war authority should be reactive
  • Modern practice often leans towards unilateral presidential action

Advantages Over Congress

• Information Advantage:

  • Access to daily briefings from state and defense departments
  • Intelligence agencies (CIA, NSA) closely tied to the president
  • Example: Iraq War intelligence and Senator Byrd's request

• Leadership Advantage:

  • Unified executive authority versus divided congressional authority
  • Hamilton's Federalist 74: Single executive necessary for foreign policy
  • Example: Trade agreements like NAFTA negotiated by the president

Presidential Powers in Foreign Affairs

• Executive Agreements:

  • Treaty-like, but do not require Senate approval
  • Presidents prefer them for ease and bypassing Senate
  • Historical context: 15,000 agreements post-WWII

• Military Action:

  • Since WWII, no wars formally declared by Congress
  • Presidents often act on own authority
  • Example: Reagan's invasion of Grenada

Influence and Limitations

• Congressional Role:

  • Can influence by withholding funds, but rarely practical
  • Public opinion as a major check on presidential wars
  • Example: Vietnam, Iraq, Afghanistan withdrawals

• Public Opinion:

  • Presidents can sway public towards war (e.g., Bush's Iraq War efforts)
  • Public disillusionment limits presidential actions

Historical Shift to Presidential Control

• Constitutional Miscalculation:
  • Framers intended Congress to control war decisions
  • Modern security demands favor quick executive action
  • Quick response capacity shifted power to the president

Conclusion

• President's Foreign Affairs Authority:
  • Resting on chief diplomat and commander-in-chief roles
  • Strong control due to information and leadership advantages
  • Ability to act unilaterally in foreign policy more than domestic