GOV Module 6

OVERVIEW QUESTIONS

  • What role does the Constitution designate for Congress in foreign policy?

  • What is the War Powers Act?

  • How does Congress shape foreign policy?

  • What is partisanship? How does partisanship affect congressional action on foreign policy? Describe some examples of congressional oversight over foreign policy.

  • What is divided government? How does it influence foreign policy?

  • How does Congress shape public opinion over foreign policy?

  • Identify the principal components of the Weissman argument about the role of Congress in shaping the use of military force. What examples does he cite as illustrating Congressional failure to uphold its constitutional responsibility with respect to the use of military force?

  • According to the McKeon and Tess reading, how might Congress reassert its role in foreign policy?

Intro

  • how congress influence american political system

  • exec and legislative branch have significant power over foreign policy

  • manifest in questions over how each branch of gov excercises its constitutional powers

  • congress has grown unwillingness in role for foreign policy

  • 8 lecture segments

    • constitutional power over congres

    • war powers act (war powers resolution)

      • passed in 1973 over the veto of pres nixon

      • attempted to reestablish greater congressional involvement over foregin policy after serious expansion of presiential foreign policy

    • concept of institutions

      • rules of gov for politics

      • enormouse consequences for political outcomes

    • how partisanship introduces divided gov

      • presidents power doesnt hold majority in house or senate

    • how divided governemtn affects foreign policy

    • two assigned readings

      • weissman

      • McKeon and Tess

VIDEO 1

Congress and Partisanship in Foreign Policy

  • examine constitutional powers over foregin policyt posessed by congress

  • pres power has expanded over past few decades

    • DOESNT mean congress pays NO ROLE

    • congress still has important roles granted by constitution

CONGRESSIONAL POWERS OVER USE OF MILITARY FORCE

  • direct constitutional powers over

    • powers to make war(CONGRES ALONE)

    • finalize peace treaties

  • provisions citing this

    • article 1 section 8 (declare war)

    • establishing (funding)armed forces

    • senate has power to block pres. treaty if over 1/3 of senate objects

SUMMARY

  • Congress and declaration of war

  • congress and the power of the purse

  • senate and treaty veto

-

  • WW2 changed everything

  • USA rose to global superpower

  • numerous military interventions WITHOUT FORMAL DECLARATION OF WAR

    • vitenman

    • iraq

    • still doesnt mean congress doesnt play important role

  • congress can still have provision with senate blockign presidents treaty (over 1/3 must agree to BLOCK)

  • congressional check on pres. treaty negotiations

  • limits ability of US to use multilateral efforts (climate change, weapons, etc)

    • blanket rejectionism

    • keeps USA out of all sorts of intl agreements

WORKAROUNDS

  • pres loophole around supermajority senate required to ratify thier treaties

    • use exec power

    • pres can still make admin decisions that follow all mandates of the unratified treaty

      • EXAMPLE: senate refueses comprehensive test ban treaty

        • signatory states can test nuclear weapons

        • treaty was passed in UN 1996

        • US refused to join bc senate refused reratification in 1999

        • US Is not formally part of treaty

        • some presidents like George HW bush, Clinton, GEORGE W bush, obama, and biden, and trump all follow basic mandate of treaty

        • BUT trump has reopened possiblity of resuming nuclear tests

  • Non-binding agreemnts

    • intl agreement short of a treaty that doesnt need senate approval

    • gets around congress leverage of check on pres foreign policy power

    • BUT climate change issues and other long term issues need permanent long standing treaties to be impcactful

      • EXAMPLE: Paris Climate Accords

        • US keeps getting in and out

        • obama used exec orders to enter

        • trump withdrawed

        • biden reentered

        • trump withdrawed again

        • policy instability = downside of presidents’ political inability to gain 2/3 supermajority in senate to ratify official treaty battling climate change

VIDEO 2

War Powers Act

  • aka War Powers Resolution

  • US hasnt declared war since WW2

  • 1973 congressional attempt to rein in presidential war-making power after the Vietnam war

    • passed over pres nixon’s veto

    • viewed by every pres since nixon as unconstiutional bc it violates separation of powers

  • argues that by interjecting congress into debates, rebalanced powers of pres and congress against what founding fathers intended

  • Necessary and proper clause

    • congress NOT PRES haspower to make necessary and proper laws vested by the constitution

    • gives congress broad powers over foreign policy

  • requires pres to notify congress within 48 hrs when pres dispatches military forces into armed hostilities

    • EXAMPLE: trump used strikes against drug boats sept 2, 2025

    • trump notified congress on sept 4th

    • watned to protect US and interests abroad

  • pres must get official authorization from congress (AUMF) for over 60 days military use

    • authorization for use of military force

    • to use military force for longer than 60 days

    • pres use old AUMFs to justify long after theyve been passed

      • EXAMPLE:

      • obama attacks islamic state(ISIS) in syria

      • used previous AUMF in 2001 after 9/11

      • but ISIS(syrian group) was diff from al qaeda (9/11 group)

VIDEO 3

practical politics of congressional oversight

  • decisions to go to war can impact politicains in future

    • ppl didint like hillary bc she wanted to go to war in iraq

    • obama opposed at time

VIDEO 4

Partisanship and Congress

  • congress can shape foreign policty

    • congress can check president (constitutional oversight)

      • can limit or embolden pres

      • divided gov based on partisanship?

      • congress checks more when divided government is present - dem president & republican majority in senate, etc

      • unified gov - single political party controls all three branches of exec, legislative, etc

      • UNDER BUSH

        • more expansion of military force (iraq war)

      • UNDER TRUMP

        • more isolationism

VIDEO 5

Divided Gov, congress, and foreign policy

  • DIVIDED GOVS

    • obama

  • UNIFIED GOV

    • trump rn

  • obama’s congress had criticized him

  • biden’s congress criticized his spending in ukraine

    • intelligence and info given to pres for better judgement

  • party opposing pres. will try to offset info advantage

  • pres is less likley to use military force as opposing party goes up

  • use of military force is still constrained by ocngress when div gov exists

VIDEO 6

  • bully pulpit used by congress can influence political opinion of president

  • hearings create public congress opportunity to voice displeasure

  • bipartisan support presence decreases news criticism

  • bipartisan support absence increases criticism

  • congress can shape public opinion abt foreing policy

  • EXMPALE: OBAMA WANTING TO GO TO SYRIA

    • challenged that US doesnt only rely on air power

    • there wasnt an arab country in the region capable to defeat isis

  • EXAPMLE TRUME

    • stornger restircions on immigration = bad

    • Trump saying NATO allies in europe not paying their share criticised

VIDEO 7

Discussion of weissman reading

  • broad critique of congressional inacctivity in foreign policy

  • argues that congress has abandoned active participation

  • attributes this to 9/11

  • note that congress hasnt always been paralized by gridlock (vietnam war)

  • congress failed to participate actively in decisoins to use military force in libya and syria

    • US and allies went beyond UN mandate

    • regime change

    • toppled libyas leader

    • provided ISIS group opportunith to expand

    • congress shoudlve challenege motivations/interests of white house

    • Sirya, congress was a bystander

    • congress unwiling ot pay political costs of pusihng obama to a more forceful military invasion

      • lengthened civil war

      • strengthened ISIS

      • congress abandonment of central constiutional role over foreign policy

    • CONGRESS CAN REASSERT BY

      • aggressive indpt policy assesments

      • challenge deception from execs

      • party leaders need to build stronger foreign policy coalitions within congress to speak with a collective voice

VIDEO 8

Discussion of McKeon

  • former dem foreign policy staffers written this

  • published in 2019

  • dems gained majority in HOR

  • tries to chart out dem congress navigating div gov

  • broader trend that congress continues to cede more responsiblity to execs

  • congress should reassert itself in trade policy

  • congress has to play larger role in military force (replace 2001 AUMF)

  • congress pass legislation of diplomacy (can draw thing that pres cant withdraw from NATO

  • draw public opinion to issues

  • buget authorization process pas bills to control exploitation of exec admin