The foreign policy process: executive, Congress,
intelligence
Week 2-3
Power Sharing in U.S. Government
Originally designed as a system of checks and balances.
Over time, power has become more centralized, especially in foreign policy.
Presidency plays a dominant role, but there are periodic pushes for democratic participation.
Foreign Policy as a Driver of Governmental Change
The U.S. Constitution was shaped by geopolitical and security concerns.
Initially, foreign policy powers were shared, but later shifted toward the executive.
The presidency evolved as the main force behind constitutional changes in foreign policy.
Rise of the Executive in Foreign Policy
The presidency has grown in power due to America’s global expansion.
Presidents claim authority based on national interest, public safety, and security.
Foreign policy has led to an increasingly centralized and executive-led government.
Checks and Balances vs. Executive Dominance
Despite constitutional restraints, the presidency has often prevailed in foreign affairs.
Periodic opposition arises when executive power is seen as excessive.
Shifts in authority occur based on public and political reactions to executive control.
Presidency as a Systemic Leader
Executive agencies have developed to handle foreign policy challenges.
The presidency has expanded beyond its constitutional limits through precedents.
War and crisis situations reinforce the president’s role in decision-making.
Expansionist Presidents & Their Role
Certain presidents have played a key role in expanding executive power:
Thomas Jefferson, James Monroe, James Polk, Abraham Lincoln, Theodore Roosevelt, Woodrow Wilson,
Franklin D. Roosevelt, Andrew Jackson
These leaders used national security and foreign relations to strengthen federal authority.
Executive Prerogative & Constitutional Flexibility
Unlike Britain, the U.S. Constitution does not explicitly allow prerogative powers.
However, presidents have interpreted their role as having implied emergency powers.
Congress and other branches often defer to the executive in military and security matters.
General Overview
The Supreme Court has historically deferred to the president in matters of foreign policy.
There are few cases on executive power in foreign affairs, showing judicial reluctance to interfere.
The tension between constitutional principles and executive prerogative has shaped U.S. governance.
Key Supreme Court Cases
The Prize Cases (1863) – Expansion of Executive War Powers
Issue: President Lincoln ordered a blockade of Southern ports without congressional approval.
Court ruling: The president must respond to war-like threats even without formal war declaration.
Significance: Validated emergency executive action beyond constitutional constraints.
United States v. Curtiss-Wright Export Corporation (1936) – Presidential Power in Foreign Policy
Issue: President Roosevelt imposed an arms embargo without explicit congressional authorization.
Court ruling: The president has broad discretion in foreign affairs and is the sole representative of the U.S.
in diplomacy.
Significance:
Foreign policy is separate from domestic policy, requiring greater executive flexibility.
The president alone negotiates treaties (Congress has limited influence).
The ruling expanded inherent executive power in international relations.
Growth of Executive Power in Foreign Policy
World War II – Strengthened presidential control over military and intelligence.
Cold War – Creation of key institutions (e.g., NSC, CIA) for executive-directed foreign policy.
Modern Era – U.S. military dominance reinforced the president’s commander-in-chief role.
Congress vs. the President in Foreign Affairs
Congress is constitutionally co-equal in policymaking but struggles to keep up with executive actions.
Executive power has expanded due to wartime needs and international crises.
Ongoing tension exists between presidential primacy and legislative oversight.
Key Takeaways
✅ Executive power in foreign affairs is often recognized beyond strict constitutional limits.
✅ Supreme Court rulings have favored broad presidential authority, especially in crises.
✅ Congress retains formal power but is often reactive rather than proactive in foreign policy
