MOD 6: Congress and Partisanship in US Foreign Policy

Congressional Authority (Article I, Section 8)

Grants Congress powers to declare war, raise armies, maintain a navy, and make rules for forces. Includes the 'Power of the Purse' for funding military actions.

Congressional Authority (Article II, Section 2)

Requires the Senate's 'Advice and Consent' (two-thirds present concur) for treaties to be ratified.

War Powers Resolution (1973) - Purpose

Aimed to ensure collective judgment of Congress and President on deploying U.S. Armed Forces, passed over President Nixon's veto.

War Powers Resolution - Presidential Powers

States presidential power to deploy forces is only constitutional with a declaration of war, specific statutory authorization, or national emergency from an attack.

War Powers Resolution - Consultation & Withdrawal

Mandates presidential consultation with Congress before deploying forces and requires withdrawal within 60 days without congressional authorization.

Presidential View of War Powers Resolution

Every President since Nixon has viewed it as unconstitutional, arguing it violates separation of powers, making enforcement contentious.

Domestic Political Structure & Foreign Policy

Domestic institutions (rules governing collective choice) significantly shape U.S. foreign policy. Examples: War Powers Act, Constitution, elections.

Divided Government - Definition

Occurs when the President's party does not control both chambers of Congress.

Divided Government - Impact on Foreign Policy

Leads to increased congressional oversight, as the opposing party scrutinizes presidential actions more due to electoral incentives and information asymmetry.

Partisanship - Definition

A politician's ideological identification, typically along a left (Democratic) to right (Republican) spectrum.

Partisanship - Impact on Foreign Policy

Strong congressional opposition can constrain military force use; presidents are less likely to act as opposition gains more seats. The adage 'Politics does not stop at the water's edge' holds true.

Congressional Oversight Mechanisms

Congress uses hearings, public criticism, restrictive legislation, and setting conditions on spending bills ('power of the purse') to oversee foreign policy.

Congress & Public Opinion on Foreign Policy

Congress can shape public opinion through public criticism of the President, conducting open hearings, and influencing media coverage of foreign policy issues.

Weissman's Critique of Congress

Argues Congress has failed to assert constitutional authority in military force decisions, showing increased deference to the President since 9/11. Cite failures in Libya and Syria.

McKeon & Tess's Recommendations for Congress

Advocate Congress reassert its role by reclaiming authority over trade/tariffs, considering a new AUMF, increasing public oversight via hearings, and using legislative power (especially budget) to constrain foreign policy.