Political Institutions and US Foreign Policy

1. Political Institutions and US Foreign Policy Readings: COX AND STOKES CH 6 AND 7 Carter ch 2

2. Guiding Questions Which political institutions are relevant in terms of shaping US foreign policy? What is the role of the executive, legislative, and judicial branches of government in shaping US foreign policy? In theory, which branch is dominant? In practice, which branch is dominant? What role does the bureaucracy play in shaping policy outcomes?

3. Internal Factors Shaping US Foreign Policy • Foreign policy largely shaped by the executive and legislative branches. • Judiciary has acted as an intermediary. • Support for increased authority for the executive varies • US v Belmont (1937): executive orders upheld • INS v Chadha (1993): a legislative chamber cannot veto executive action • Hamdi v. Rumsfeld (2004): right of habeas corpus for prisoners upheld • Hamdan v. Rumsfeld (2006): military tribunals violate international law and the constitution • The bureaucracy plays a strong role in implementation.

4. US Institutional Structures • Executive: Presidency, Dept. of State, Dept. of Defense, Dept. of Homeland Security, National Security Council (NSC), US Trade Representative, etc. • Legislative: Senate and the House. • The Senate remains dominant; House has budgetary authority. • Judiciary: Supreme Court/lower courts. • Bureaucracy: Agencies which implement national policy. • Influence of the bureaucracy rises and falls in response to the political situation

5. Executive vs. Legislature: Authority PRESIDENT CONGRESS • Commander in chief (CIC) of the armed forces. • Head of state • Nominates cabinet/ambassadors • Signs treaties. • Declares national emergencies • Signs executive orders. • Power to declare war • Authorizes ongoing conflict under War Powers Act. • Senate must approve all treaties and high level nominees. • Possesses oversight authority. • Can regulate via budgetary prerogatives. • Can impeach the president.

6. Advantage: President • Presidency has a national constituency • Leader of a national party. • Presidency always in session • Congress may be in recess. • Emergency authority can put Congress on the defensive. • Position as head of executive gives access to information from bureaucracy. • Judicial rulings may undercut congressional right to veto executive action. • Congress has delegated authority to the President. • Prerogative powers (discretionary authority) and information control as head of the bureaucracy can make oversight difficult (the imperial Presidency).

7. Advantage: Congress Power of the purse gives leverage over military action. Authority that is delegated by Congress to the President can be rescinded (e.g. Fast Track). Committee system fosters expertise on foreign policy issues. Confirmation, approval, and impeachment authority strengthens the hand of Congress. Transparency of debates can increase public support vis-à-vis executive secrecy

8. War Powers Act of 1973 • War Powers Act constrains the ability of the President to send troops without Congressional approval. • Passed in 1973 when Congress overrode President Nixon’s veto • Requires President to seek congressional approval within 90 days of committing troops. • Must also consult with Congress regularly • President must notify Congress within 48 hours of sending troops in an emergency • Congress can order a withdrawal within 60 days; President can extend for 30 days. • Intended to restore the balance between the president and Congress after the Vietnam war. • Questionable • Use of troops in an emergency can make a congressional “veto” unlikely. • Careful “wording” may not “trigger” the 60 day rule • Supreme Court rulings make it unclear whether or not Congress could actually refuse to authorize the President’s decision.

9. Foreign Policy Bureaucracy Headed by the President Often referred to as a function of four “complexes” Diplomatic: Dept. of State Security: National Security Council, the Department of Defense and the Department of Homeland Security. Intelligence: CIA and the Director of National Intelligence. Economic: National Economic Council, US Trade Representatives, etc.

10. Diplomatic: Department of State Oldest bureaucratic entity within the US political system. Represents the US to foreign governments. Serves as a contact for foreign agencies wishing to communicate with the US government. Advises presidents and gathers on the ground information from around the world. Provides consular services to Americans abroad and regulates travel to and from the US. Accused of being elitist, being excessively cautious, and being too close to some foreign actors.

11. Security: National Security Council • Cold War prompted a centralized organization which could respond to global events quickly. • Created in 1947; consists of four members, four advisors, presidential aides and other officials. • Positioned within the White House • Not subject to congressional approval. • Coordinates policy between the Defense, State, and Intelligence agencies. • Acts as • 1) a “neutral” policy advisor for the President • 2) a forum for crisis management.

12. Security: Department of Defense Largest organization within the US government. Sect of Defense is a civilian who oversees the armed services. Joint Chiefs of Staff (JSC) is a military leader; advises the President and the Secretary. Maintains a global troop presence via five regional commands. Tensions have existed between civilian leaders and military personnel. Plays a strong role in international alliances (e.g. NATO).

13. Security: the Department of Homeland Security • Created in response to the 9/11 attacks. • Brought several agencies under one aegis (e.g., Secret Service, Coast Guard, INS, FEMA, etc.) • Resulted in inter-agency rivalries. • Handling of Katrina weakened the efficacy of the department under Bush. • Agency spending has been criticized. • Still trying to find its “niche”

14. Intelligence: CIA • 80% of intelligence spending goes to Department of Defense organizations, not the CIA. • CIA particularly influential, during the Cold War. • A number of interventions. • Many were controversial. • Intelligence community was reorganized after the attacks of September 11, 2001. • Agency has been plagued with difficulties in recent years. • Needs individuals with connections, but said connections are “suspect” • Language skills lacking

15. Conclusions • Despite initially being viewed as subordinate to the legislature in foreign policy, the deck is “stacked” political and institutionally in favor of the executive • Cold War era politics favored the executive. • Vietnam provoked a backlash against the “imperial presidency” • Immediate aftermath of the Cold War era was associated with a resurgence of a role for Congress. • But this was a time of relative calm for the US • 9/11 strengthened the hand of the executive vis-à-vis the legislature. • Global threats privilege executive rather than legislative response • Tug of war is ongoing; legislative and judicial politics may reduce presidential leverage in foreign policy.

16. Next Lecture • Theme: Actors/Factors in US Foreign Policy-Media and Public Opinion • Readings: Cox and Stokes CH 8 and 9