President's Foreign Affairs Power, War Powers

Where does the president’s foreign affairs power come from?

Article 2 of the Constitution

Commander in Chief

Make treaties

Appoint ambassadors

Receives foreign diplomats and recognizes foreign governments

US v. Curtiss-Wright

The President has exclusive power over foreign policy and these powers are inherently executive

How does the President make Foreign Policy?

Treaties (requires Senate approval)

Executive agreements (don’t require Senate approval)

Commander in Chief

Leads the U.S. armed forces.

Directs military operations and strategy.

Responds to attacks or threats without prior congressional approval.

Commander in Chief limitations

Only Congress can declare war

Congress controls military funding and can restrict war efforts

President must follow the Constitution

Detention of Enemy Combatants

The President can detain enemy combatants but citizens must have access to courts

Habeas Corpus Rights

Even foreign detainees held outside US soil have a right to habeas corpus under the Constitution