Foreign and National Security Affairs

"An Invitation to Struggle": Foreign and National Security Affairs

• The US Constitution and its many anachronisms are relevant to the oversight of foreign and national security affairs.
• Both the President and Congress possess exclusive foreign policy powers, while others are shared or not explicitly assigned by the Constitution.
• Clashes between the two branches occur especially in military operations, foreign aid, and immigration.
• Presidential power often leads over Congress due to national emergency status.
• The tug-of-war between the President and Congress over foreign policy is not an accident, but rather, one of the Constitution's core aims.
• Article I of the Constitution lists Congress's foreign affairs powers, including regulating commerce with foreign nations, declaring war, raising armies, maintaining a navy, and making rules for the armed forces.
• Congress has repeatedly barred the Obama administration from using funds to transfer detainees out of Guantanamo Bay.
• The judicial branch has limited power to arbitrate constitutional disputes over foreign policy and is often reluctant to do so.
• Presidents have increased foreign policy powers at the expense of Congress, especially since 9/11.
• During times of war or national emergency, the White House tends to overshadow Capitol Hill.

Foreign Policy Issues in the Constitutional Debate

• In 1783, the US and Britain signed a peace treaty, granting Britain's former colonies their independence
• The US became an independent, confederate state.
• Article 2 of the Articles of Confederation states that each state retains its sovereignty, freedom, and independence.
• Westward expansion was seen as a natural process.
• Article 3 of the Articles of Confederation: "a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare".
• Independence was achieved, but unity was not, and interstate commerce was limited and unregulated.
• The new country was weak, surrounded, and threatened by Spain, France, and Britain.
• In the war of 1812, Britain burnt down the capital.
• There was a consistent fear that the West could suffer the same fate as Poland, which was partitioned.
• Britain accepted US independence because it hoped that the US would collapse and be dependent on Britain.
• Trade, economics, geopolitics, and security pushed for a new constitution giving the country the tools to prosper and survive.
• Expansionism was a fundamental element of US ideology.
• Security and prosperity are needed in order to expand
• The US Constitution is a peace treaty, equivalent to an international agreement between colonies that considered themselves sovereign.
• The Northwest Ordinance of 1787 defined and regulated how expansionist destiny was to be pursued.
• The task of expanding was costly and complicated, so the federal government managed it.
• The law divided the northwest of the Republic into 3/5 states
• The process was, 1. Appoint a governor, 2. Elect assembly of at least 5000 "free men", and 3. State constitution and request of membership once the population reached 60,000.
• If accepted, the application would place the new state on an equal footing with the others.
• Expansion would take place by a reproduction of the original model, but natives lived there settler colonialism
• Many argued that the confederacy could not pursue trading, security, and expansion goals, leading to the drafting of a new constitution.
• Anti federalists lost to the federalist papers by John Jay
• Tension between the federal government and states, especially on foreign policy issues, is still alive today.
• The 2016 case, Texas vs Obama's cancellation of Iranian sanctions demonstrates this.
• Texas VS Biden over the Mexican border exemplifies the tension.
• States have their own foreign policy and challenge the decisions of the federal government.

Explicit Foreign Policy Powers

• The Constitution is vague and basic on the distribution of power over foreign policy
• It created a new system: federal government with checks and balances and 3 main powers.
• Article 1: Congress regulates commerce and declares war
• Article 2: The President ratifies treaties and appoints diplomatic representatives.
• Congressional power is the stronger of the two
• Authority is not clearly defined (both can claim it) between Congress and the President
• Constitutional authority over foreign affairs is unprecise.
• The text is incomplete and deficient, due to the unknown future.
• The intent was to have ambiguity to prevent a single authority from having a full monopoly over a given issue.
• The President is constitutionally weak.
• The system is not conducive for efficient policy making.

Powers of the President

• Negotiates treaties, interprets them, and decides to terminate them, but does not have exclusionary power over that.
• Appoints ambassadors and diplomatic representatives.
• Commander in Chief: Article 2 states that the President shall be Commander in Chief of the Army, Navy, and Militia.
• Since 9/11 Presidents claim a state of perpetual war.
• Statutory authority (e.g. 1977 law) grant the power to impose economic sanctions.
• Applies laws, using that "he shall take care of that the laws be faithfully executed" to justify additional powers.

Powers of Congress

• Regulates foreign trade & policy: Granting this power to Congress underlines its role as a primary actor.
• Congress declares war (art.1).
• Congress has indirect responsibilities: allocations, immigration, norms on naturalization, "power of the purse", congressional investigations.
• The Senate ratifies treaties and appointments with a 2/3 majority.
• The President shares these powers with the advice and consent of the Senate.

Institutional Conflict on Foreign Policy

• Dual institutional conflict occurs in disputed twilight zones for appointments, treaties, and declarations of war.
• Edward S. Corwin said that the constitution is an invitation to struggle for directing US foreign policy.
• The struggle is less important when the system is less polarized.
• The more powerful the US became, the more inexorable the increase of presidential power became, making it the "sole" organ of the federal government.
• Treaties are negotiated with the advice of the Senate and ratified by a 2/3 majority.
• Treaties bind long-term commitments, while there are congressional executive agreements with a majority of the 2 chambers and sole executive agreements concluded with presidential power.
• Sole executive agreements are less likely to last without legislative approval.
• The vast majority of international agreements have been signed without the constitutional process defined by article 2 after 1930.
• Reid V. Covert 1957: supreme court ruling that the constitution supersedes international treaties and commitments, even fully ratified treaties.
• The 2015 Iranian nuclear deal could not be ratified by Congress, but went to the Senate.
• The North Atlantic Treaty created NATO: Highly controversial treaty because of art.5, collective security.
• The North Atlantic Treaty took the power to declare war away from congress if an attack on one is on all.
• The US should be obliged to go to war without a formal declaration of war by Congress.
• Congressional-executive agreements: Bretton Woods agreements (1945) or NAFTA (1993) or USMCA (2018).
• Sole executive agreements: "Destroyers for bases" (1940) (exchange btw US/UK) or COP21 (2015).
• Woodrow Wilson lost due to his proposal for the League of Nations
• Salt II & Jimmy Carter lost for the Soviet Union withdrawn
• Controversial appointments include Pete Hegseth – Secretary of Defense and John Bolton criticized the UN.

Presidential War Declarations

• The US formally declared war 5 times: 1812 - UK, 1845 - Mexico, 1898- Spain, 1917 – Germany & Austria Hungary, 1941 – the enemies.
• The constitution has been averted by finding alternatives: Vietnam (1964) & Iraq (2003) > a broad authorization to the president to use force.
• The War Powers Resolution, 1973, was Congress intended to limit the President's authority and reassert its authority, requiring a national emergency to approve the use of force without declaration.
• The text references, low intensity permanent war?
• After 9/11 - 2013: Obama's increase of drones to target and kill

US Foreign Policy Actors

• Key actors: President, Congress, special advisors, Department of state, Department of Defense, Department of homeland security, Intelligence agencies, Relevant members of congress, Governors and states govs
• The States can jump in and have done so not very often
• The cabinet & the National Security Council were established 1947
• Council: members can change from admin, and matters of national security are framed.

Manifest Destiny

• Domestic drivers had a big influence on foreign policy making
• 1776 1803: Consolidation republic and definition of its nature (Northwest Ordinance)
• From the declaration of independence to the Louisiana purchase
• The Northwestern Ordinance regulated expansionism, based on the assumption the territories incorporated into the union would become full members.
• There was imperialism, but not colonialism.
• Jefferson spoke of an unlimited expansion, and an American empire.

Louisiana purchase and drive to the West 1803 - 1819

• Phase, Expansion west
• Phase 2, purchase of Louisiana from France > negotiation was about navigation rights on the river (efficient ways of transporting goods and people)
• Controlling the Mississippi or the right to navigate was vital for any expansionist dream and project of survival of the republic.
• The territory was sold to the US, doubling the size of its national territory (mapping)
• Process completed w/ Adam Onis treaty 1819: traced a new border w/ New Spain / Mexico
• continental empire/republic, 1819 - 1845
• Drove West: Pb was to populate and organize its territories (Texas became independent until its annexation in 45)
• to the end of the frontier", 1845 - 1898, 1846-48: Mexican American war.
• Texas's annexation in 1845, which Mexico still considered its territory (refused to recognize the treaties of Velasco).
• Mexican session '48 + Gadsden Purchase '53: lost 1 half of its territory – US gained 1/3rd
• The purchase of Alaska from Russia was contested by some
• How to connect the territories, integrate the country to create a single market drives US economic growth
• Pacific expansion annexed a network of islands/outpost naval bases (also commercial bases).
• Expanding meant organizing and preparing the process of inclusion of those new annexed territories (map) as states to create a single national market
• Alaska – 1959

Causes / Drivers of Madisonian Republicanism

• The Ideology of Madisonian Republicanism, explicitly expansionist, to extend the sphere in 1787
• Larger republic with diversity reduces the risk of being threatened- expansionism as a key means to strengthen the republic.
• Trump: Canada, Greenland, Gulf of Mexico (maps stretching from the Arctic to Panama)
• Expanding increases security by removing threats today – arctic – Russia and China today as with Poland.
• Christian nationalism and destiny way too “Manifest”
• O'Sullivan: Christian nationalist justification is to overspread the continent allotted by Providence
• God invested in the mission civilisatrice.
• Resources and territories in the waterways help the expansion
• Land's “hunger” and demographic pressures are expansionist
• Demographic and immigration lead to 15% of the US population was foreign born (1910).
• Although boom in the 20th century, immigration acts blocked the immigration (Chinese exclusion act)
• Imperials controlled maps as expansive prerequisites
• Lewis and Clark expedition mapped Louisiana
• Railways went through the mountains, killing the Chinese working the railroads.

Foreign Powers and Sectional Divisions

• Britain, Spain, Mexico, and Native nations
• The Populated north of America was an imperialism
• diplomacy than violently, Reservations
• precarious equilibrium, free states and slave states.
• balance
• The Constitution was vague

Diplomacy, Treaties, and Wars

• The Majority of treaties were signed with native nations (over European powers)
• carried out as foreign territories, foreign policy > federal gov is in charge
• the Civilized became slavists, drafted constitution
• Vioslently and include
• wars against native nations, 1845 was remval
• Indian r, Congree US serttle
• Georgia, no sovereign. US as guardian
• of Teafs Violated, Deportations to exermination.
• assimilation/
• W when US and some beieve, gen. As and de were by exterminaiton

Global Hegemony

• European stability for Pax system US. access to the provided key structural preconditions
• expansionism? ordianncae to become states propertied men) rights.
• rights
• and V violence
• and US
• warrs in
• not

Settler and Colonial

• Affairs, and to s stronger
• and domestic issues
• and war
• Is
• Categories the European
• to security

The end of the “Frontier”

• The closing happened close to the year 1890
• Frontier generated a need to expand to exploit resources
• Canals were built to generate expansionism

Missionaries in China

• Missionaries were sent to China as missionaries
• Other Asian countries were targeted
• Missionaries acted as cultural agents

War Expansion

• Annexing of Hawaii for Japan
• The island act to help annex guono Open Door Notes of IMPERIALISM
• It US
• Sent COLLABORATIVE

Cuba

• object
• sugar
• sugar
• violence
• for a war

The war

• Cuba
• roosevelt
• Negro battle,
• Puerto territory
• Bases
• 1898 - of Puerto today to

The war

• the interconnnected is

Economic and Ideological motivations

• No others in CUba
• US intevention: bruratlity
• Narrative just

Reasons for decline

• The us not
• War as to loss by
• W strong and to
• to

WW! was coming

• and vision