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Prez Solves Foreign Policy
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Prez Solves Foreign PolicyThe Constitution gives the president power over foreign policy. Morris 1787 (Gouverneur Morris, Writer of the US Constitution, US Constitution, September 17th, 1787, http://www.senate.gov/civics/constitution_item/constitution.htm) NK The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. As Commander in Chief, the president controls the military forces. Presidents have also cited this power as extending to their control of national and foreign policy in war and peacetime. Congress may not restrain the president's power to pardon, except in impeachment cases. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The Constitution gives the Senate a share in foreign policy by requiring Senate consent, by a two-thirds vote, to any treaty before it may go into effect. The president may enter into "executive agreements" with other nations without the Senate's consent, but if these involve more than minor matters they may prove controversial. The president must also submit judicial and major executive branch nominations to the Senate for its advice and consent. The Constitution makes no provision for the removal of executive officers, which has remained largely at the discretion of the president. The constitution grants the president the majority of the power in determining foreign policy. Porter No Date Given (Keith, About.com guide, About.com, No Date Given, http://usforeignpolicy.about.com/od/backgroundhistory/a/whomakesforpol.htm) NK Article II of the Constitution says the president has the power to: •make treaties with other countries (with consent of the Senate), •appoint ambassadors to other countries (with consent of the Senate) •and receive ambassadors from other countries Article II also establishes the president as commander-in-chief of the military, which gives him or her a lot of control over how the United States interacts with the world. As Carl von Clausewitz said, "War is the continuation of diplomacy by other means." The president's authority in all things is exercised through various parts of his or her administration. Therefore, understanding the executive branch's international relations bureaucracy is one key to understanding how foreign policy is made. Prez Solves Foreign PolicyThe framers of the Constitution intended for the President to have complete power over foreign affairs. Prakash and Ramsey 1 (Saikrishna and Michael, professor of law at UCSD, Yale Law Journal vol 30, no 1, 2001, http://www.law.harvard.edu/students/orgs/jlpp/Vol30_No1_Ramseyonline.pdf) NK What I want to present here is, if not an alternative to Justice Robert Jackson’s famous Youngstown framework,1 at least a complement to that framework for approaching the President’s foreign affairs power. My central proposition is that the eighteenth‐ century meaning of “executive” power included foreign affairs powers as well as the more familiar power to execute the law. Thus, Article II, Section 1 of the U.S. Constitution— which states that “the executive Power shall be vested in a President”—grants, in eighteenth‐century terms, the power to execute the law plus foreign affairs powers. This is sometimes called Hamilton’s vision of executive power, but its first reasoned exposition after the Constitution’s ratification was actually made by Thomas Jefferson, and that is why I have called it the “Jeffersonian” executive power in prior articles. There are four basic steps in this argument. First, the key writers of the eighteenth century on whom the Framers relied, particularly Montesquieu and Blackstone, defined “executive” power to include foreign affairs powers. For example, Montesquieu wrote: “In every government, there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law.”4 In listing the “executive” powers “dependent on the law of nations,” he included things like war and peace, ambassadors, defense, and national security.5 Modern experts on Montesquieu’s philosophy conclude that Montesquieu “use[s] the term ‘executive power’ . . . to cover the function of the magistrates to make peace or war, send or receive embassies, establish the public security, and provide against invasions,” and that “Montesquieu, like most writers of his time, was inclined to think of the executive branch of government as being concerned nearly entirely with foreign affairs.”6 According to constitutional historian Francis Wormuth, “[t]he famous sixth chapter of Book XI of [Montesquieu’s] Spirit of the Laws . . . recognizes . . . the executive power in foreign relations . . . .”7 Similarly, Blackstone described the “executive” powers of the English monarch as encompassing the principal foreign af‐ fairs authorities, including ambassadors, treaties, war, and letters of marque and reprisal. These “foreign concerns,” Blackstone explained, are included within the powers “the exertion whereof consists the executive part of government.”8 This in itself does not prove how the Framers chose to organize their new government. It does suggest, though, that the vocabulary that they started with defined “executive” power to include foreign affairs powers. Montesquieu and Blackstone were by far the most widely read and influential political writers in America during the founding era, enjoying wide circulation and citation.9 Madison described Blackstone’s Commentaries as “a book which is in every man’s hand” and Montesquieu as “the oracle who is always consulted and cited” on separation of powers.10 Their use of words, especially words as central to the idea of separation of powers as “executive power,” was surely well‐known to educated Americans. History proves that the president should have control over foreign affairs, beginning with Washington. Prakash and Ramsey 1 (Saikrishna and Michael, professor of law at UCSD, Yale Law Journal, 2001, http://www.law.harvard.edu/students/orgs/jlpp/Vol30_No1_Ramseyonline.pdf) NK The third step of the argument is that when George Washington became President after the ratification of the Constitution, he immediately took over control of foreign affairs. Without statutory authority, he exercised the foreign affairs functions of the nation that were not specifically mentioned in the Constitution—things like control and removal of diplomats, foreign communications, and formation of foreign policy. These powers had all been exercised by the Continental Congress under the Articles, but both Washington and the new Congress acted as if something in the Constitution had shifted them to the new office of the President. 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