The Role of Congress in Shaping U.S. Foreign and Military Policy

1. Congress & US Foreign Policy

2. Congressional Power in Foreign & Military Policy In recent years, Congresses have tended to try to curb and take away from the presidency some of the prerogatives that belong there – the handling of foreign policy and so forth – and placed restrictions on the office that in effect would have foreign policy determined by a committee of 535. President Ronald Reagan, 1986

3. Congressional Power in Foreign & Military Policy Congress is a conservative organization • It is cautious • It is reluctant to initiate change • It responds to old stimuli better than new • It cares more about interest group interests and maintaining status quo • Members of Congress may take initiatives, but not Congress as an institution Congressman Les Aspin, 1976

4. Congressional Power in Foreign Policy 1.Congressional Leadership • Congress is more than a respondent • (challenging) the initiator-respondent model President initiates, Congress accepts, rejects or modifies • 1957, Sputnik launch • President did not see danger • Senate Armed Services Committee held hearing • Supported by Lyndon B. Johnson • Created NASA to run a space program

5. Congressional Power in Foreign Policy 1.Congressional Leadership • Congress is more than a respondent • 1957, Sputnik launch • Passed National Defense Education Act to fund science & foreign language education • 1973, War Powers Act • Initiated the Act • Overrode Nixon’s veto • 1974, Arms Embargo to Turkey • Against Ford’s opposition, Congress imposed embargo for Turkey’s invasion of Cyprus

6. Congressional Power in Foreign Policy 1.Congressional Leadership • Congress is more than a respondent • 1957, Sputnik launch • 1973, War Powers Act • 1974, Arms Embargo to Turkey • 1975, Congress denied President emergence military aid to S Vietnam • Ensured the fall of Saigon • 1986, Sanctions on South Africa • Overrode presidential veto

7. Congressional Power in Foreign Policy • Congressional Leadership • Congressional Oversight • For oversight arguments • Congress must do more than just legislating • It should ensure executive carrying out laws • Guard against imperial presidency & bureaucratic arrogance Lee H. Hamilton (D-Indiana) • Ensure bureaucrats do not act stupid Wyche Fowler (D-George)

8. Congressional Power in Foreign Policy • Congressional Leadership • Congressional Oversight • Has Congress done a good job in overseeing? • “a neglected function” (John Bibby, pol scientist) • Law-makers prefer law-making to claim credit • Congressional assertiveness in oversight • 1976, creation of a permanent intelligence oversight committee by Senate • 1977, creation of a House oversight committee on intelligence

9. Congressional Power in Foreign Policy • Congressional Leadership • Congressional Oversight • Congressional assertiveness in oversight • 2003, a congressional Joint Committee on Intelligence • Examine the failure of intelligence community to warn Americans about al Qaeda and its plan to attack the U.S. 3. Senatorial Consent & Advice • International treaties

10. Congressional Power in Foreign Policy • Congressional Leadership • Congressional Oversight 3. Senatorial Consent & Advice (Treaties) • International Treaties • 2/3 majority approval by Senate • 16 rejections • The Versailles Treaty of 1919 • Can president end an int’l treaty? • Executive Agreements • No senatorial consent & advice required • 1972 Case-Zablocki Act • Inform Congress of an executive agreement

11. Congressional Power in Foreign Policy • Congressional Leadership • Congressional Oversight • Senatorial Consent & Advice (Treaties) • Senatorial Consent & Advice (Appointment) • Hold privilege • Senator Jesse Helms use the privilege to delay appointment of Robert Pastor as ambassador to Panama, 1994 (Pastor did not survive the confirmation process) • Senator Jesse Helms blocked Governor William Weld’s appointment as ambassador to Mexico for his support of medical use of Marijuana

12. Congressional Power in Foreign Policy • Congressional Leadership • Congressional Oversight • Senatorial Consent & Advice (Treaties) • Senatorial Consent & Advice (Appointment) • Appropriations (Power of the Purse) • Over when & where US goes to war • Over the fate of an existing funding • 1970, Senate shut off funding for military operations into Cambodia

13. Congressional Power in Foreign Policy • Congressional Leadership • Congressional Oversight • Senatorial Consent & Advice (Treaties) • Senatorial Consent & Advice (Appointment) • Appropriations (Power of the Purse) • War Making War declaration 1973, War Powers Act

14. Limitations of Congressional Power in Foreign Policy • Parochialism (Kegley & Wittkopf, 1987) • President has a national constituency whereas members of Congress are narrowly based • Preoccupation with reelection => pressures to attend to parochial interests • Interest in foreign policy issues is short-lived • More interested in newsworthy foreign policy issues • Members of Congress are not awarded for being national-minded • Members of Congress devote time to committee work • Interested in committee assignment relevant to their home interests

15. Limitations of Congressional Power in Foreign Policy • Parochialism (Kegley & Wittkopf, 1987) • Organizational Weaknesses • The center of decision-making in Congress is diffuse and fragmented (decision-making power to sub-committees) • Decision-making is open and before public eyes (Executive Branch: closed door decision) • No single voice out of 535 power centers • Leaks of information • Executive privilege to conceal, classified info, from Congress, thus underlying Congressional foreign policy decision capability

16. Limitations of Congressional Power in Foreign Policy • Parochialism (Kegley & Wittkopf, 1987) • Organizational Weaknesses • Lack of Expertise • Don’t command information • Don’t control flow of information