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Chief Diplomat • The President is the main person directing foreign policy—they negotiate treaties (with the advice and consent of the Senate) that commit the U.S. to trade agreements, peace agreements, formal alliances and coalitions, and that extend our diplomatic recognition to newly independent/sovereign states thereby setting up official relations. • The Goals: promote economic/commercial expansion, ensure national security (i.e. safeguard our nation’s interests), and establish/strengthen ties with other nations. • The President assumed this role partly because of the speed with which foreign policy decisions must be made—a large body such as Congress, requiring debate and majority agreement, would be too slow to handle many situations. • Furthermore, the framers intended the President to exercise greater control over international relations because it is important the nation speaks with one voice. • As chief diplomat, the President also receives foreign ambassadors and dignitaries.
Famous instances when Presidents directed foreign policy: • Washington’s Farewell Address • Monroe Doctrine • Truman Doctrine
Treaties • Constitution (Article II section 2): • “[the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senates present to concur.” • The framers gave the Senate a share of the treaty power to (1) check presidential power, (2) give the president the benefit of the Senate’s advice and counsel, and (3) to safeguard the sovereignty of the states by giving each state an equal vote in the treaty making process. • The two-thirds vote ensures the treaty will receive bipartisan support to be approved; since only under the rarest circumstances has a party ever enjoyed a two thirds majority in the Senate, treaty ratification usually reflects a broad national consensus; the two thirds requirement also adds to the burden of Senate leadership and it often encourages opponents of a treaty to engage in tactics in hopes of obtaining sufficient votes to insure its defeat. Several of the treaties rejected by the Senate received more “ayes” than “nos” but failed to receive the necessary two thirds.
Treaties • Throughout the 19th and early 20th centuries, the Senate attempted to deliberate on treaties in secret session; however, they were never able to effectively prevent leaks (many times from their own members). • One of the thorny issues that surfaced early in our nation’s history was whether the “advice and consent” of the Senate was requiredprior to the negotiations leading to the making of treaties. A number of presidents (Washington, Polk, Lincoln, Grant) on occasion sought the advice of the Senate before entering into conventions and treaties Another issue concerns whether or not the Senate should actively participate during treaty negotiations and whether senators should be involved in the actual negotiation of treaties (i.e. should the Senate be consulted during negotiations and before their advice/consent is consulted for a completed treaty); During War of 1812, Delaware Senator James Bayard was a member of the delegation to negotiate the Treaty of Ghent; his presence raised the question of whether having senators on the negotiating team would make the Senate more favorably inclined to approve the treaty, or whether it would violate the separation of powers. Noting the frequency with which the Senate had rejected treaties during the last quarter of the 19th century, Mckinley shrewdly named 3 U.S. Senators to negotiate the treaty of peace with Spain in 1898;the treaty ultimately was approved. Wilson was criticized for not including senators in the delegation that negotiated the Treaty of Versailles; this omission ultimately led to the treaty’s defeat in the Senate (twice); The president’s party lost control of the Senate in 1918 and the new chairman of the Foreign Relations Committee was his bitter political opponent Henry Cabot Lodge, Sr. and had Wilson taken any Senators to Europe he could not have avoided taking Lodge who was also the Senate’s Republican leader With the treaty of Versailles in mind and having served in the Senate during the fight over its ratification, Harding in 1921 appointed Senator Lodge and Senate Democratic Leader Oscar Underwood as delegates to the Washington Arms Limitation Conference for very much the same reason For very much the same reason, FDR/Truman involved chairman and the ranking Republican in Senate Foreign Relations Committee in creation of U.N. One solution to problem of senators as negotiators has been for presidents to invite whole senatorial delegations to visit ongoing negotiations
Treaties When a treaty is submitted to the Senate for approval, it has several options for action: •approve/reject the treaty as it has been submitted • actions short of rejection: make its approval conditional by including within the resolution: amendments (makes actual change in language/text of the treaty; excludes/varies the legal effect of one or more of the provisions) reservations (limits U.S. commitments/obligations; could exclude/vary legal effect of one or more of the provisions) recommendations understandings/explanations interpretations/clarifications declarations/statements The president and other countries involved must then decide whether to accept the conditions and changes, renegotiate the provisions or abandon the treaty •Take no definitive action, leaving the treaty pending in the Senate until withdrawn at the request of the president or occasionally, at the initiative of the Senate Another issue involves whether the Senate’s treaty making powers include the power to amend treaties after they had been signed (Such a power would directly involve the Senate in the treaty-making process).
Treaties • The Senate has rejected relatively few of the hundreds of treaties it has considered in its more than 200 year history; many others, however, have died in committee or been withdrawn by the president rather than face defeat • During its first 200 years, the Senate approved more than 1,500 treaties (approximately 90% of those submitted to it) • To date, only 21 treaties have been rejected by a full Senate vote because they failed to receive the required two thirds majority • Most often, the Senate has simply not voted on treaties that its leadership deemed not to have sufficient support within the Senate for approval, and in general these treaties have eventually been withdrawn • On a number of occasions, the Senate has exercised its role in the treaty making process in such a way that treaties never entered into force; of the many treaties approved by the Senate with amendments, reservations, understandings, or interpretations, 43 never entered into force because the reservations /amendments were not acceptable either to the president or to the other country or countries party to the treaty • At least 45 treaties were eventually withdrawn because the Senate never took final action on them • In some cases the president has simply not submitted treaties to the Senate although they have been signed • In still other cases, the ratification process has not been completed by the president even though the Senate has given its approval • Other treaties have not taken effect because of actions of other nations
The Senate, itself, does not ratify treaties—actual ratification only takes place when the instruments of ratification are formally exchanged between the parties (nations) involved in negotiating the treaty
Treaties • By virtue of the Constitution’s supremacy clause (Article VI clause 2) a treaty that is conducted compatibly with applicable constitutional requirements may have status as “supreme law of the land” • A treaty does not become effective as U.S. domestic law automatically, however, upon its entry into force on the international level; instead, this occurs only where the treaty is “self-executing”, otherwise, before a treaty becomes effective as U.S. domestic law, it is necessary for Congress to implement legislation to that effect
Treaties • Executive Agreements: type of international agreement concluded by the executive branch and not submitted to Senate; the distinction between executive agreements and treaties has only domestic significance; international law regards each international agreement as binding, whatever its designation under domestic law. • Allows President to make formal policy w/o going through Senate’s slow moving treaty approval process (Senate need only to be notified officially; within sixty days) • Motivating forces behind the vast (and continuing) increase in executive agreements (post WWII) • 1952 alone the U.S. signed 14 treaties and 291 executive agreements; a larger number of executive agreements than had been reached during the entire century 1789-1889 • U.S. is currently party to nearly 900 treaties and over 5,000 executive agreements • Difficulty in obtaining two thirds vote • The sheer volume of business and contacts between the U.S. and other countries coupled with the already heavy workload of the Senate; many international agreements are of little importance and would needlessly overburden the Senate if they were submitted to it as treaties for advice and consent • Passage of legislation authorizing the executive branch to conclude international agreements in certain fields (foreign aid, agriculture, trade) • Some treaties have been approved which implicitly authorize further agreements between the parties
Treaties • Constitution is silent about how treaties might be terminated; Clearly though the right to terminate treaties belongs to the executive, the sole branch of government that communicates with foreign governments • Only once has Congress terminated a treaty by a joint resolution; that was a mutual defense treaty with France from which in 1798 Congress declared the U.S. “freed and exonerated”; in that case, breaking the treaty almost amounted to an act of war; indeed two days later Congress authorized hostilities against France which were only narrowly averted • The breaking off of two treaties during the Carter administration stirred controversy: • 1978: the president terminated the U.S. defense treaty with Taiwan in order to facilitate the establishment of diplomatic relations with the People’ s Republic of China (president acted unilaterally) • 1978: the new Panama Canal treaties replaced 3 previous treaties with Panama; in this case the president acted in accordance with actions taken by Congress
Established to support the President in the conduct of foreign affairs and is considered to be the lead U.S. foreign affairs agency within the Executive Branch as. The U.S. Department of State is responsible for international relations of the U.S. and The Secretary of State serves as the President’s principal foreign affairs advisor. Within this capacity, the Secretary of State supervises/organizes the entire department and its staff. A Deputy Secretary, along with a Chief of Staff, Executive Secretariat, and ane Undersecretary for Management, assists the Secretary in the overall management of the department. Reporting to the Deputy Secretary are the six undersecretaries and the counselor, along with several staff offices. The Undersecretary of State for Political Affairs is the third-ranking State Department official and becomes “Acting Secretary” in the absence of the Secretary of State and Deputy Secretary of State. This position is responsible for bureaus—each headed by an Assistant Secretary—each of which coordinates American diplomacy around the world. The following is a list of State Department Bureaus: • Bureau of African Affairs • Bureau of East Asian and Pacific Affairs • Bureau of European and Eurasian Affairs • Bureau for International Narcotics and Law Enforcement Affairs • Bureau of International Organization Affairs • Bureau of Near Eastern Affairs • Bureau of South and Central Asian Affairs • Bureau of Western Hemisphere Affairs • The U.S. State Department operates diplomatic missions of the U.S. abroad, advances U.S. objectives and interests in the world through its primary role in developing and implementing the President's foreign policy and diplomacy efforts, supports the foreign affairs activities of other governmental entities (e.g. Departments of Defense, Commerce, Homeland Security, CIA, and USAID), and provides an array of important services to U.S. citizens traveling abroad as well as to foreigners seeking to visit or immigrate to the U.S. In short, the U.S. State Department coordinates all foreign affairs activities, including representing the U.S. abroad, foreign assistance programs, countering international crime, and foreign military training programs. As stated by the Department of State, its purpose includes: protecting and assisting U.S. citizens living or traveling abroad, assisting U.S. businesses in the international marketplace, coordinating and providing support for international activities of other U.S. agencies (local, state, or federal government), scheduling official visits overseas and at home, keeping the public informed about U.S. foreign policy and relations with other countries and providing feedback from the public to administration officials, as well as providing automobile registration for non-diplomatic staff vehicles and the vehicles of diplomats of foreign countries having diplomatic immunity in the United States. The Department of State conducts its activities with a civilian workforce and it normally uses the Foreign Service personnel system for positions that require service abroad. State Department employees may be assigned to diplomatic missions abroad to represent America, analyze and report on political, economic, and social trends/developments, adjudicate visas, and respond to the needs of American citizens abroad. Currently, the U.S. maintains diplomatic relations with about 180 countries and maintains relations with many international organizations, adding up to a total of more than 250 posts abroad. At home, approximately 5,000 professional, technical, and administrative employees work (1.) compiling and analyzing reports from overseas, (2.) providing logistical support to posts, (3.) communicating with the American public, (4.) formulating and overseeing the budget, (5.) and issuing passports and travel warnings. As required by the principle of checks and balances, the Department also consults with Congress about foreign policy initiatives and policies. One of its few remaining domestic responsibilities: It’s head is the officer a President or Vice President wishing to resign must deliver an instrument in writing declaring the decision to resign.
National Security Act (Passed by Congress in July 1947) Created the Department of Defense, thus replacing separate War and Navy Departments. Largest of all executive departments both in terms of money spent and people employed. Three major divisions within the department: Department of Army Department of Navy (includes the Marine Corps) Department of Air Force Each major division is headed by a civilian Secretary. Foreign affairs is its full time concern. It’s the agency primarily responsible for our nation’s defense. D.O.D. assists the President in carrying out his duties as Commander-in-Chief of the armed forces. The Department of Defense is headed by the Secretary of Defense, who is a civilian (an important constitutional principle—in fact, all top leaders of the D.O.D. are required to be civilians). Secretary of Defense serves in the President’s Cabinet and advises the President on the nation’s military forces, weapons, and bases, supervises all military activities of government, and ensures the military is strong enough to protect our national interests. The D.O.D. depends on Congress who decides how much $ to authorize/appropriate for weapons, bases, military salaries, etc… D.O.D. headquarters (the Pentagon—pictured above) is one of the largest office buildings in the world—both civilian employees and military personnel work there. It is the “nerve center” of the military.
In 1948 Truman created a National Security Council, with responsibility for the overall direction of American security and defense. Also advises the President on all domestic, foreign, and military matters pertaining to national security. In short, the N.S.C. is charged with advising the president in matters relating to the integration of domestic, foreign, and military policies affecting national security. They coordinate advice/information on foreign policy, brief the President, and serve as liaison with other officials. Members: Four statutory members: President (council chairman) Vice President Secretary of State Secretary of Defense Statutory Advisors: Chairperson of the J.C.S. (appointed by the President to two-year term) Director of the CIA The Special Assistant for National Security Affairs (a member of the President’s White House Staff) is the Director of the N.S.C. (i.e. chief staff officer). Other officials of the executive branch may attend NSC meetings at the invitation of the president. Between the late 1960s and the early '80s, the NSC assumed an increasing role in implementing as well as formulating policy, and its staff expanded accordingly. National Security CouncilNational Security Act (Passed by Congress in July 1947)Established the National Security Council(NSC), an agency of the Executive Office of the President. President Truman presiding over a 1948 meeting of the NSC. Photo by Abbie Rowe for the NPS, courtesy of Harry S. Truman Library.
The Joint Chiefs of Staff Comprised of the top ranking officer of each of the military branches (Army, Navy, and Air Force) along with a Chairperson who is appointed by the President to two year terms. The Commandant of the Marine Corps is present when matters pertaining to the Marines are discussed. The J.C.S. is considered to be the President’s chief military advisory body (along with the D.O.D. and N.S.C.). The J.C.S. advises the President on military technology and strategy, identifying national security threats, devising strategies (contingencies) to meet those threats and reviewing the military preparedness (preemptive and defensive) of lower ranking officers.
