ACL Chapter 4 pt 3

Chapter 4: Constitutional Underpinnings of the Presidency

Presidential Authority in Foreign Affairs

• Supreme Court Opinions:

  • In Haig v. Agee (1984), the Court supported unilateral restrictions on travel to Cuba by the Reagan administration.

  • Chief Justice Burger referenced the expansive view of presidential authority established in Curtiss-Wright.

  • Justice Rehnquist's opinion in Regan v. Wald noted that foreign relations are largely immune from judicial interference.

The Iran-Contra Scandal

• Background:

  • Post-Vietnam and Watergate, Congress restricted presidential power on covert foreign policy activities—especially with laws such as the Boland Amendments prohibiting aid to Nicaraguan Contras.

  • The Reagan administration circumvented these through secret arms sales to Iran, using profits to support the Contras.

• Consequences:

  • After the scandal was uncovered, Congress investigated, with Oliver North's prominent testimony.

  • North was convicted of perjury and obstruction, yet his conviction was overturned in 1991 due to improper evidence usage.

• Credibility Impact:

  • The scandal damaged Reagan's administration credibility, creating an unclear legal status about the violation of Boland Amendments.

  • Raised ongoing debates about Congress' ability to restrict presidential foreign actions.

Conducting Foreign Affairs

• Constitutional Powers of the President:

  • Article II, Section 3 allows the president to receive foreign ambassadors, enabling recognition of government legitimacy.

• Treaties:

  • The president can make treaties with Senate consent. Examples include notable treaties made under various administrations.

• Supreme Court Interpretation:

  • In Missouri v. Holland (1920), the Court upheld a treaty affecting domestic policy, indicating the strong connection between foreign and domestic law.

  • Raised concerns regarding potential overreach of treaties undermining the Constitution, leading to the failed Bricker Amendment designed to prevent such conflicts.

Executive Agreements

• Functionality:

  • Unlike treaties, executive agreements do not require Senate consent and can bypass congressional scrutiny, leading to increased presidential power.

• Judicial Endorsements:

  • United States v. Belmont (1937) and United States v. Pink (1942) validated executive agreements, raising further concerns about their impact on domestic law and Congress.

War Powers

• Constitutional Framework:

  • The president is the Commander-in-Chief; Article II grants military authority while Article I grants Congress the power to declare war.

• Historical Context:

  • Various conflicts, like Vietnam and Korea, occurred without formal declarations of war.

• Judicial Decisions:

  • The Prize Cases (1863) legitimized presidential military action without congressional approval due to wartime necessities.

• Gulf of Tonkin Resolution:

  • Congress granted limited authority to President Johnson to defend Vietnam, leading to significant military escalation without an official declaration of war.

War Powers Resolution

• Legislation Overview:

  • Enacted in 1973 to limit unilateral presidential military action, requiring reports to Congress and limiting troop deployment to 60 days without authorization.

  • Despite its intent, presidents have often acted contrary to its terms, as highlighted by actions taken during Reagan's presidency.

Post-9/11 Foreign Policy and Actions

• Authorization for Use of Military Force:

  • Following the September 11 attacks, Congress authorized military action against those responsible, allowing for broad presidential military engagement.

• War on Terrorism:

  • Significant military operations took place in Afghanistan following 9/11, marking the beginning of ongoing military commitments.

• Use of Drones:

  • This new technology led to controversial strikes against targets abroad, raising legal and ethical questions regarding executive authority.

Military Commissions and Detention

• Controversies:

  • President Bush's use of military tribunals for suspected terrorists raised questions about legality. The Supreme Court case Hamdan v. Rumsfeld (2006) held military commissions without statutory authorization violated laws.

War in Iraq

• Invasion Justification:

  • The rationale for the 2003 invasion stemmed from the perceived threat of weapons of mass destruction, though no such weapons were found post-invasion.

  • The aftermath led to prolonged conflict and erosion of public support for the Bush administration.

Domestic Affairs During Wartime

• Presidential Authority vs. Citizen Rights:

  • The balance between national security and citizen rights during wartime has raised complex consequences and prompted critical judicial scrutiny over time.