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Learning objectives

By the end of this section, you will be able to:

  • Describe the use of shared power in U.S. foreign policymaking
  • Explain why presidents lead more in foreign policy than in domestic policy
  • Discuss why individual House and Senate members rarely venture into foreign policy
  • List the actors who engage in foreign policy

Institutional relationships in foreign policy constitute a paradox. On the one hand, there are aspects of foreign policymaking that necessarily engage multiple branches of government and a multiplicity of actors. Indeed, there is a complexity to foreign policy that is bewildering, in terms of both substance and process. On the other hand, foreign policymaking can sometimes call for nothing more than for the president to make a formal decision, quickly endorsed by the legislative branch. This section will explore the institutional relationships present in U.S. foreign policymaking.

Foreign policy and shared power

While presidents are more empowered by the Constitution in foreign than in domestic policy, they nonetheless must seek approval from Congress on a variety of matters; chief among these is the basic budgetary authority needed to run foreign policy programs. Indeed, most if not all of the foreign policy instruments described earlier in this chapter require interbranch approval to go into effect. Such approval may sometimes be a formality, but it is still important. Even a sole executive agreement often requires subsequent funding from Congress in order to be carried out, and funding calls for majority support from the House and Senate. Presidents lead, to be sure, but they must consult with and engage the Congress on many matters of foreign policy. Presidents must also delegate a great deal in foreign policy to the bureaucratic experts in the foreign policy agencies. Not every operation can be run from the West Wing of the White House.

At bottom, the United States is a separation-of-powers political system with authority divided among executive and legislative branches, including in the foreign policy realm. [link] shows the formal roles of the president and Congress in conducting foreign policy.

Roles of the President and Congress in Conducting Foreign Policy
Policy Output Presidential Role Congressional Role
Public laws Proposes, signs into law Proposes, approves for passage
Agency reauthorizations Proposes, signs into law Approves for passage
Foreign policy budget Proposes, signs into law Authorizes/appropriates for passage
Treaties Negotiates, ratifies Senate consents to treaty (two-thirds)
Sole executive agreements Negotiates, approves None (unless funding is required)
Congressional-executive agreements Negotiates Approves by majority vote
Declaration of war Proposes Approves by majority vote
Military use of force Carries out operations at will (sixty days) Approves for operations beyond sixty days
Presidential appointments Nominates candidates Senate approves by majority vote

The main lesson of [link] is that nearly all major outputs of foreign policy require a formal congressional role in order to be carried out. Foreign policy might be done by executive say-so in times of crisis and in the handful of sole executive agreements that actually pertain to major issues (like the Iran Nuclear Agreement). In general, however, a consultative relationship between the branches in foreign policy is the usual result of their constitutional sharing of power. A president who ignores Congress on matters of foreign policy and does not keep them briefed may find later interactions on other matters more difficult. Probably the most extreme version of this potential dynamic occurred during the Eisenhower presidency. When President Dwight D. Eisenhower used too many executive agreements instead of sending key ones to the Senate as treaties, Congress reacted by considering a constitutional amendment (the Bricker Amendment ) that would have altered the treaty process as we know it. Eisenhower understood the message and began to send more agreements through the process as treaties.

Krutz and Peake. Treaty Politics and the Rise of Executive Agreements .

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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