American Foreign Policy Spring 2010

Front 1

Either: Do you agree with the view that the Constitution “is an invitation to struggle between the Executive and Congress for the privilege of directing American Foreign Policy”? Document your answer extensively. Or: Identify the sources of tension between the US Congress and the Executive Branch in the making and conduct of American Foreign Policy. Discuss fully one of the sources you have identified.

Back 1

The constitution
The war powers vs. Commander -in-Chief of U.S. Armed forces
Advice and consent treaty making powers of the senate vs. executive agreements
-General budgetary powers vs. budget impoundment
Ambiguities in the constitution
-The sharing of strategic intelligence
-Political Partisanship
-Differing constituency pressures
-Executive branch misbehavior
-Failure of the incumbent to initiate a coherent foreign policy

Front 2

Explain why and how the executive has dominated the American Foreign Policy process.

Back 2

(A) Constitutionally speaking the President and Congress are co-managers of American foreign policy. But in practice the President is dominant in the making and conduct of American foreign policy because he wears "three different hats":
Chief executive
Chief diplomat
Commander-in-Chief of the U.S. armed forces
Signing statements on laws passed by Congress
They just justify such statements as part of their constitutional responsibility that the laws are faithfully executed.

Front 3

Explain the various measures which the US Congress has used since the 1950s in attempts to limit foreign policy behavior of the presidency, especially in war and treaty agreement making. Assess the success of those measures.

Back 3

John Bricker Amendment (1954), National Commitments Resolution (1969), Case-Zablocki Act (1972) , Cooper-Church amendment (1970), War Powers Resolution (1973), National Security Revitilization Act (under Clinton)

Front 4

John Bricker Amendment (1954)

Back 4

Sought to require executive agreements to require 2/3 vote from the Senate (same as treaties)

Front 5

National Commitments Resolution (1969)

Back 5

- declared that it that no future national commitments should be made without the consent of Congress

Front 6

Case-Zablocki Act (1972)

Back 6

required that Congress be informed of all executive agreements entered into within 60 days

Front 7

Repeal of the Gulf of Tonkin Resolution (1970)

Back 7

An example of a measure used by the Congress in an attempt to limit foreign policy power of the executive branch.

Front 8

Cooper-Church amendment (1970)

Back 8

- demanding the withdrawl of troops from Cambodia by Nixon by July 1st 1970 or else funding would be cut off

Front 9

War Powers Resolution (1973)

Back 9

- provided the the President should consult Congress before commiting troops into hostilities or when hostilities were imminent; also, that the President must inform Congress within 48 hrs after the introduction of troops with no declaration of war; and that the President must remove troops within 60 days without a declaration of war/ a joint resolution approving the action

Front 10

National Security Revitilization Act (under Clinton)

Back 10

- wanted to prevent the participation of U.S. Armed Forces in the U.N. peacekeeping missions

Front 11

Peace Powers Act

Back 11

- sought to strengthen the consultation provisions of the War Powers Act, limit U.S.-sponsored peacekeeping missions, and forbid troops from participating in U.N. peacekeeping missions to serve under foreign commanders

Front 12

The Iraq Resolution 2002:

Back 12

the joint resolution formed in Congress, authorizing the Iraq War, citing many reasons justifying the invasion, including alleged accumulation of weapons of mass destruction and the presence of al-Qaeda operatives in Iraq.

Front 13

The Bricker Amendment

Back 13

: an amendment proposed by conservative Senator John Bricker under the Eisenhower administration, which declared that no treaty could conflict with the U.S. Constitution, or implicate powers to any legislative or executive body in the government that the Constitution does not grant. It also sought to require executive agreements to require the same 2/3 vote of Senate as treaties.

Front 14

Jackson-Vanik Amendment:

Back 14

Economic sanctions against the Soviets for their immigration policies. Also facilitated the immigration of religious minorities (Jews) in Russia to the U.S. and Israel, and is now in place for China as well today.

Front 15

Executive Agreement:

Back 15

Basic instrument for making commitments to other states, instead of relying on treaties. It is made with another country by the president or the president's representative, usually without congressional involvement. It does not require the advice and consent of the Senate but has the same forces of law.

Front 16

AIPAC:

Back 16

the American Israel Public Affairs Committee is a lobbying group exerting pro-Israel policy pressure on the federal government, especially Congress and the Executive Branch. It is one of the most powerful lobbying groups in Washington, D.C.

Front 17

TransAfrica:

Back 17

a not-for-profit focusing on conditions in the diaspora of people of African heritage, from Africa to the Caribbean and Latin America. It promotes human rights concerns and examines American policy towards these regions and the impact it has politically, economically, and morally. Danny Glover and Harry Belafonte are on the executive board.

Front 18

Alliance for Progress:

Back 18

a program initiated in 1961 by President Kennedy to improve economic relations between North and South America. The charter outlined goals of stabilizing prices and wages and decreasing the income gap. The U.S. provided billions of dollars in economic assistance to Latin America and the Caribbean. The program had limited success, hindered by unwilling governments and not enough aid to make as much of a difference.

Front 19

Clark Amendment:

Back 19

an amendment to the U.S. Arms Export Control Act of 1976, withholding aid to private military groups in Angola. It did not necessarily end the sale of arms to these groups, as Israel was considered to have acted as a middleman in the trade. It was repealed about 10 years later.

Front 20

NAFTA -

Back 20

North American Free Trade Agreement (1993) - b/t the U.S., Canada, & Mexico, ended most tarrifs among the 3 countries over a period of 10 years

Front 21

Goldwater et al vs. Carter:

Back 21

several senators charged that Carter could not terminate the 1954 Mutual Defense Treaty with Taiwan without a majority vote from Congress. The Supreme Court judges were divided, some arguing the case was nonjusticiable due to "political question" doctrine, others said it did not meet the "ripeness criterion," and others still argued the president acted within his power. The challenge was dismissed, supporting executive power in foreign policy making. (pg. 279 McCormick)

Front 22

USIA:

Back 22

the United States Information Agency was devoted to engaging the American public and their overseas counterparts in understanding American foreign policy objectives. This included such broadcasts as Voice of America on the radio, and Radio and TV Martí to Cuba. It is an independent entity from the State Department

Front 23

EX-IM Bank:

Back 23

the official export credit bank of the U.S. government. Its purpose is to take on the risk of transactions to foreign purchasers unable to take the risk themselves. It is a government corporation aimed at sustained U.S. jobs.

Front 24

MFN:

Back 24

a status in international trade implying that the recipient of MFN preference must receive equal trade advantages as the "most favored nation" by the state giving the treatment. Members of the World Trade Organization (WTO) agree to offer this status to the other members.

Front 25

U.S. vs. Curtiss-Write Export Corp et al.

Back 25

: the most important granting of presidential dominance in foreign policy, where the Supreme Court ruled that Franklin Roosevelt was not acting beyond his powers by either issuing or later retracting an arms embargo on countries in South America, because "the issue dealt with external, not internal, affairs." The president is the "representative of sovereignty" and, therefore, he has the ability to act beyond what the Constitution specifically outlines for his power. (pg. 269 McCormick)

Front 26

Fast Track / Trade Promotion Authority:

Back 26

Authority of the President to negotiate agreements that the Congress can approve or disapprove but can't amend or filibuster.

Front 27

NSSM 39:

Back 27

a cold war resolution made in regard to American policy on Africa. Several options were presented in dealing with the problem of white-ruled southern Africa, and option C was chosen: "The whites are here to stay and constructive change can only come about through them."

Front 28

Executive Privilege

Back 28

: Power claimed by the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches.

Front 29

Byrd Amendment:

Back 29

Offered on the Iraq Resolution: "To provide statutory construction that constitutional authorities remain unaffected and that no additional grant of authority is made to the President not directly related to the existing threat posed by Iraq."

Front 30

PL 480:

Back 30

also known as Food for Progress (or Peace? I have different sources), this public law was enacted during the Eisenhower administration. This was a funding avenue by which the U.S. could give food aid overseas.

Front 31

Boland Amendment:

Back 31

three amendments formed from 1982-1984, limiting U.S. governmental assistance to the Nicaraguan contras. Reagan signed this policy so that the U.S. could not aid them for the purpose of overthrowing the government, although other purposes were allowed. The primary effect of the Boland Amendments was the covert Iran-Contra affair.

Front 32

GATT/WTO:

Back 32

The GATT, made in 1947, became the WTO in 1995. Its aim is to improve international economic cooperation among its members, lowering and removing barriers to free trade. It provides a place for states to agree on certain measures to facilitate these goals and to settle disputes of whether or not states are complying. The Doha Round is currently underway, where discussions on improving terms for underdeveloped countries are taking place.

Front 33

National Commitments Resoluton (1969):

Back 33

Declared that it was the sense of the Senate that no future national commitments should be made without affirmative action by Congress.

Front 34

USAID:

Back 34

an independent federal agency created in 1961 by executive order by President Kennedy which is responsible for most US foreign aid. Supports democracy, conflict prevention, economic growth, and humanitarian assistance.

Front 35

Comprehensive Anti-apartheid Sanctions Act:

Back 35

a 1986 law enacted by Congress, the first piece of legislation against apartheid. It imposed sanctions on South Africa and provided a timetable for the removal of apartheid laws and the release of Nelson Mandela.

Front 36

Cuban American National Foundation:

Back 36

a political group of Cuban exiles dedicated to the overthrow of the Castro government. They have members both in the U.S. and around the world, and led the way for the creation of Radio & TV Martí. Used to promote an isolationist approach toward Cuba but recently has promoted the idea of free travel and lifting some sanctions.

Front 37

Vandenberg Resolution (1948):

Back 37

called on the executive branch to proceed with the development of the North Atlantic Treaty and with the reforms of the United Nations. Also ushered in an era of congressional-executive cooperation in the making of foreign policy.

Front 38

Identify (a) the major avenues available to the American public for exercising its voice on American Foreign

Back 38

-expression of public opinion
-elections/ballot box
-interest group activity

Front 39

Identify the means and measures by which Interest Groups seek to influence American Foreign Policy:

Back 39

-lobby and pressure both the Executive and Legislative branches to promote their interests & often have enormous influence
-Think tanks - like interest groups but have more specific objectives or ideological perspectives with which they seek to promote national interests from their own perspective

Front 40

Explain (a) the major mission of the agencies of Strategic Intelligence

Back 40

-Collection and analysis of information from around the world
-coordination and dissemination of such information of knowledge of the world developments and issues to policy makers
-these two aspects of the mission comprise intelligence
-Covert action, including spying or espionage
-Counterintelligence-- the protection of intelligence agents from foreign penetration by adopting measures which frustrate and uncover enemy intelligence services, counter-terrorism and counter narcotics
-covert action and intelligence comprise operations mission of strategic intelligence

Front 41

the difficulties involved in the process of gathering and using strategic intelligence.

Back 41

-Precise clarity of what policy makers need or want
-Difficulty of production
incomplete/false information, over under estimate, info overload, moles; careless analysis
-Structure of the intelligence community:
-problems with coordination, bureaucratic politics, over funding and territory
-sharing of strategic intelligence
-rogue intelligence agents/double agents
-intelligence failure

Front 42

Define the term Economic Statecraft.

Back 42

- the use or manipulation of economic instruments such as trade, market, monetary relations, aid/assistance, investment to accomplish foreign policy goals

Front 43

The major objectives of Economic Statecraft include:

Back 43

-modification of the behavior of a target state or government, in Jefferson's view: "peaceable coercion or to conquer without war"
-deterrence
-compellence
-punishment
-demonstration of opposition or solidarity
-communicating resolve

Front 44

The major constraints of Economic Statecraft include:

Back 44

The relative importance assigned to domestic concerns influences the degree to which economic statecraft can be used/manipulated to accomplish goals and objectives
National wealth does not automatically translate into national economic power b/c policymakers must be skillful in their manipulation of resources to promote foreign policy goals
The ability for the situation to backfire & hurts innocent/unintended segments of the target states population
International considerations affect a state's ability to exercise its economic power:
i. Does the acting state exert a necessary degree of export control to adversely affect the target state?
ii. Does the target state have an intense need for the resource?
iii. Will it be impossible for the target state to find a substitute or achieve self-sufficiency?
iv. Is the imposing state able to withstand retaliation?
v. Will other supplier nations want to or be able to cooperate in denying the resource to the target state?

Front 45

What are the major functions of the US Department of State?

Back 45

-Policy Recommendation to the President
-Implementation of Policy Decisions made by the Executive Branch
Representation of U.S. interests abroad, to other countries and international organizations
-Co-ordinating major overseas governmental programs and activities
-Political Reporting - which requires collection, analysis, and transmission of strategic intelligence & local trends/thinking
-Negotiations of Treaties & Executive Agreements w/ governments of other countries
-Consular Duties - providing services to Americans abroad, issuing visas, & trade representation; & use U.S. foreign policy to promote American business interests & open markets abroad

Front 46

Observers allege that its influence on US Foreign Policy is on the decline. Explain the causes of the alleged decline.

Back 46

Internal influences
Increasing budget problems
Problem of size
"it is at once too large and too small"
too small because it is dwarfed by the other bureaucracies in terms of political representation in the NSC inter-agency process
personnel and environment in which the state operates
its "subculture"
trying to BE something rather than trying to DO something
External Influences
Relationship between the president and secretary
post war presidents and secretaries of state have often not made extensive use of the dept. for policy formulation
Relationship between the president and the department
The perception of the public at large
out of step with the nation as a whole
The growth of other foreign policy bureaucracies like the National Security Council and the Office of the U.S. Trade Representative.

Front 47

The Presidential Model

Back 47

Foreign policy decisions should be left to the president, his advisers and national security team; they know best and are best equipped and structured to handle foreign affairs
Foreign policy issues require immediate attention and are better handled by the president than by Congress, a cumbersome and deliberate body and unlike the executive branch is not always in session
The executive branch has more access to information and permanent national security bureaucracies--the NSC, the Dept of State and Defense, and the intelligence community
A national speaks with one voice--usually that of its chief executive
Complex foreign policy issues might pose problems to legislators who represent local rather than national constituencies and may face re-election problems. Local interest should be accommodated but not allowed to supersede national interest.

Front 48

The Legislative Model

Back 48

Foreign policy decisions should be left to representatives of american people in Congress who are closer to the people and can better understand and represent them than a more distant national government.
Advocates include:
Economic conservatives who oppose central control by the national government
Advocates or champions of states rights who are apprehensive that the president might reach understanding with foreign governments that might undermine state rights
Isolationists who deprecate the tendency of the executive to intervene in foreign affairs at the epensve of American resources and young people.

Front 49

. The Constitutional Balance Model

Back 49

An adherence to the provisions of the Constitution that the executive and Congress should service as coequal managers of foreign policy
An unwritten compact in which Congress recognizes and accepts the advantages, authority and responsibility of the presidency to conduct and manage foreign policy on a daily basis while the president duly and fully informs Congress on his foreign policy and designs strategies jointly with it.
A bipartisanship foreign policy that facilitates congressional and national support for foreign policy

Front 50

The aphorism “The President proposes, the Congress disposes” has been ascribed to Congress’s role in foreign policy making. (a) Describe situations in which this actually happened. (b) Discuss exceptions to this rule and situations in which Congress is not able to “dispose” and situations in which Congress is not willing to “dispose”.

Back 50

examples of instances when a president "proposed" and Congress "disposed" or was unwilling or unable to dispose.
Woodrow Wilson's proposal for a League of Nations
Ronald Reagan's proposal to reinterpret the ABM treaty
Nixon's deployment of US troops in Cambodia and Laos
Clinton's request for funds to rescue Mexico's peso
Clinton's request for a fast track legislation
Congress was unwilling to dispose when Bush proposed the Iraq Resolution

Front 51

Why does the US give aid (that is foreign assistance) to other countries?

Back 51

Aid is often given for political reasons -
to influence policy or behavior of the recipient state & gain strategic advantage over a rival state;
to extend economic development & modernization to less-industrialized countries through transfers of U.S. technologies;
defense assistence helps the U.S. protect & promote its global interests;
provides the U.S. access to foreign markets, valuable strategic resources, & locations in foreign countries (military bases/facilities)

Front 52

Why do some countries receive more aid from the U.S. than others?

Back 52

SOMETIMES b/c they show evidence of good governence, fight corruption, respect human rights, embrace the rule of law, invest in health care/education, follow responsible economic policies, & enable entrepreneurship; but MOSTLY b/c they are of national strategic interest to the U.S.

Front 53

What are the major criticisms leveled against US foreign aid?

Back 53

the quantity as a percentage of the U.S. GNP is small
aid normally flows to countries for geopolitical reasons rather than development reasons
it has frequently gone to politically unstable countries to prop up locally unpopular leaders who embezzle funds & abuse the human rights of their people
it has often fostered permenant dependency rather than helping countries develop sustainably
it relies on the corrupt elite of less-developed countries as the cheif source of progress, neglecting individual citizens
many recipients vote against U.S. objectives in the U.N. & other international forums

Front 54

Cooper-Church Amendment (1971)

Back 54

During the Vietnam War, President Nixon ordered a large scale incursion of American troops into nominally neutral Cambodia to obstruct the Ho Chi Min Trail. Congress disapproved of this expansion of the war, and in 1971, it passed the Cooper-Church amendment limiting American forces to South Vietnam. Nixon loosely interpreted the parameters of the statue, and continued to order bombings of Cambodia until 1973.

Front 55

War Powers Resolution (1973)

Back 55

After the debacle of the Vietnam War, Congress sought to rein-in the overweening presidency, which was blamed for the misadventure. In November 1973, the House and Senate jointly passed the War Powers Resolution with the intent to “insure the collective judgment of both the Congress and the president will apply to the introduction of the United States Armed forces into hostiles.” It affirmed that the president could only send the military into combat if he had obtained a declaration of war, specific statutory authorization, or if there was a national emergency. If troops are introduced without congressional blessing, the president must report the use of force within 48 hours to Congress. If the president does not receive congressional backing for the conflict after sixty days, he must terminate hostilities. Although most presidents have expressly denied the constitutionality of the resolution, all have formally adhered to its requirements.

Front 56

National Commitments Resolution (1969)

Back 56

After the stunning Tet offensive in 1968, popular and congressional support for the war in Vietnam withered. Although Congress had previously backed Presidential initiatives in Vietnam, Congress now slowly sought to distance itself from the disastrous venture. Similar to the “Great Debate” eighteen years before, the National Commitments Resolution advises Presidents to seek the consent of Congress before committing troops overseas in the future. In 1971 the Congress repealed the Tonkin Gulf Resolution.