The Importance Of Executive Agreements In Foreign Policy

Another very notable role of the President also outlined in Article II. Section 2. of the Constitution and reads, “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(http://www.archives.gov/exhibits/charters/constitution_transcript.html). It essentially gives the President power to make treaties with foreign nations however, two-thirds of Congress must be in agreement with the decision. Although the President, or the Executive Branch can be interpreted as the most authoritative arm of government, its powers are still limited and restricted by the process of checks and balances. Each branch of government has some governance over the other two divisions. For instance, just as it is outlined above, the President can nominate Ambassadors and Judges of the Supreme Court but the decision must be upheld by Congress. In other words, under the "Advice and Consent clause the appointed member must be sworn in by the Senate. Again, this is an example of how the system of checks and balances limits the powers of the President.

The relationship between the president and Congress has changed drastically in the past two hundred years. The framers of the constitution did not want an executive power in charge of the whole country in fear of it turning into a monarchy. They knew they needed a leader for America though. The framers did not want political parties. “Political parties established after Washington left the presidency” (Mandate). The relationship between Congress and the president changed in a very visible way. In the past, the president would meet to discuss issues with Congress, but that is not how it is today. Also the president would have to go through congress to pass a bill or an amendment, but presidents found a way around going through congress. The president can sign a bill without congress’s approval. For example, president Abraham Lincoln. Lincoln wanted to pass an amendment that would end slavery but Congress said no. Lincoln then did what the people wanted and signed the emancipation proclamation anyways to end slavery. Also known as the thirteenth amendment. Some presidents even put the people in power.

In the article, “Unilateral Action and Presidential Power: A Theory,” Terry M. Moe and William G. Howell, two political science instructors from Stanford University, investigate a source of presidential power, which is the president’s capability to act individually and make his own law, that has been unacknowledged yet essential to presidential leadership that it defines how the modern presidency is distinctively modern. The authors’ purpose in the article is to outline a theory of this feature of presidential power by arguing that the president’s powers of unilateral action, which is developed from the ambiguity of the contract, are strengths in American politics since they are not mentioned in the constitution. They also claim that presidents push the ambiguity of the contract to make their powers grow and that Congress and the courts would not be able to stop them (Moe and Howell, 1999, p. 1-3).

The Constitution is supposed to divide war powers between the president and Congress, but in today’s society that has not always been the case. We live in a country with competing views, but our Constitution was created through disagreement. While the Constitution is a source of cherished and unifying political ideas, it can provoke some of the most intense quarrels because of its principles and protections. It is also debated and applied to present circumstances daily. To get back to the presidential power argument, President Barack Obama sent United States military into combat without the consent from Congress. “As a presidential candidate in 2007, Senator Obama stated, “The President does not have power under the constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation” (Yoo). President Barack Obama announced four years later, that he was acting on his constitutional authority to conduct U.S. foreign relations as the commander in chief/chief executive by the intervention with Libya. Throughout our history, neither presidents nor Congress have carried out the beliefs that the constitution requires a declaration of war before the U.S can allow for the military to act. “We have forced abroad more than 100 times but declared war in only five cases: The War of 1812, the

The President may not declare war, but he may deploy soldiers. He may require in writing the opinions of any of the heads of state departments as it relates to their respective offices. The President also has the power to grant reprieves and pardons for offenses against the U.S., except in cases of impeachment. The President also has the power to make treaties with foreign powers provided the Senate has consented by a two-thirds majority. He may also appoint ambassadors, ministers, consuls, judges of the Supreme Court, and other officers with the advice and consent of the Senate. The President also has the power to fill vacancies in the Senate temporarily. On extraordinary occasions, the President may convene or temporarily adjourn either or both legislative houses in the interest of resolving disputes. The President is also charged with meeting with ambassadors and other public representatives. The President can also be impeached for treason, bribery, or other high crimes or misdemeanors. With the presidential powers now outlined, let us explore the opposing opinions of each presidential power(Colonies of Nations, 549-553).

Senate advice and consent power. The president might start to use executive agreements to avoid conflict in having treaties ratified. Also, the president will weigh the benefits and costs of

The president also has the power Veto laws passed by congress. The president has the power to make political appointment and negotiate treaties with foreign countries, however this power also requires the approval of the senate. The President is responsible for making a for appointing his cabinet and federal judges. The president is capable of calling congress in session and the power to adjourn congress.

However, some ways the president’s power gets limited includes needing the approval of the Senate for treaties and appointing government officials, not being able to officially declare war, and not being able to make any laws as their own opinion unless they make an executive order. The Constitution gave these powers to the president so the executive branch limits what the Congress can do. For example, if the president does not gain the veto law power, the Congress would force the president to sign all laws passed by the Congress. As a result, the Congress would be similar to the British monarch when they tightened control over the 13 colonies, making laws that only benefits themselves. Article 2 section 2 lists the powers of the president, and how the president gets limited on

the US to sign a new treaty, the senate would have to ratify it with a

When it comes to foreign affairs it is very important that the President has the ability to use executive privilege. For instance, if the United States was making a treaty with another country, both countries may have to give things up in order to come to an agreement, and everything considered by both sides as well as everything agreed upon should not be made public for everyone, including other countries to see. This is best stated in 1796 by George Washington after the House of Representatives requested that he give them information concerning his instructions to the United States Minister to Britain regarding the treaty negotiations between the United States and Britain. Washington replied by saying:

Especially with a divided government, and even without, the president is challenged to gain the support of Congress (Heffernan, 2005:59). While the President is responsible for carrying out the law and can even issue executive orders ultimately Congress hold the purse strings. Without the budgetary support of Congress the President’s agenda will not be fulfilled. Treaties and all appointments from cabinet officials to Supreme Court justices have to be approved by Congress, specifically the Senate. “As a result, the White House is engaged in a constant process of persuasion” (Heffernan,

The president is the foreign policy leader for the United States with an important political, military and economic role in the international arena. If there is collision between the president and congress, can congress restrain the president in foreign policy making?

Although nowhere in the Constitution are executive orders explicitly mentioned, Article II, Section I states that “The executive Power shall be vested in a President of the United States of America.” The President’s power to issue executive orders comes from the Constitution and Congress. Executive orders have the full force of law when they take authority from a legislative power, which grants its power directly to the executive by the Constitution; executive orders do not require congressional approval. Similar to legislative statutes and regulations propagated by government agencies, executive orders are subject to judicial review, meaning that they can be struck down if deemed unconstitutional by the courts. Executive orders are not to be confused with executive agreements. Executive order carries out constitutional powers of the President without having to go through Congress. An executive agreement is an agreement with foreign heads of state concluded by Presidents under their power as Commander in Chief and their general authority in foreign affairs; executive agreements do not require ratification by the Senate. Examples of executive agreements include trade deals and military actions.

As the commander in chief, the president plays a significant role in shaping foreign policy. The president possesses the power to appoint senior cabinet members, commit troops and conduct high level talks with foreign governments. Congress, on the other hand, has the power to ratify treaties, confirm the president’s appointees and approve budgetary measures. And while the president has the ability to commit troops, only Congress has the authority to declare war. Despite criticisms of the American policy making process describing it as inefficient and slow moving, the main purpose and thus benefit of the constitutional separation of power is the framework of checks and balances that safeguard against monopolization of foreign policy decision making.

The President almost always has the primary obligation for affecting foreign policy. Presidents, or their representatives, meet with leaders of other nations to try to resolve international issues peacefully. According to the Constitution, Presidents sign treaties with other nations with the "advice and approval" of the Senate. So the Senate, and to a lesser extent, the House of Representatives, also contribute in shaping foreign policy.