Monday, November 7, 2011

US War Powers and the Executive Branch


Continuing our discussion of foreign policy, this week will talk about the US President and his ability to make foreign policy -- especially, his capacity to make war.



Glenn Greenwald writes in Salon:

Back in January, 2006, the Bush Justice Department released a 42-page memo arguing that the President had the power to ignore Congressional restrictions on domestic eavesdropping, such as those imposed by FISA (the 30-year-old law that made it a felony to do exactly what Bush got caught doing: eavesdropping on the communications of Americans without warrants). That occurred roughly 3 months after I began blogging, and -- to my embarrassment now -- I was actually shocked by the brazen radicalism and extremism expressed in that Memo. It literally argued that Congress had no power to constrain the President in any way when it came to national security matters and protecting the nation.

To advance this defense, Bush lawyers hailed what they called "the President's role as sole organ for the Nation in foreign affairs"; said the President’s war power inherently as "Commander-in-Chief" under Article II "includes all that is necessary and proper for carrying these powers into execution"; favorably cited an argument made by Attorney General Black during the Civil War that statutes restricting the President's actions relating to war "could probably be read as simply providing 'a recommendation' that the President could decline to follow at his discretion"; and, as a result of all that, Congress "was pressing or even exceeding constitutional limits" when it attempted to regulate how the President could eavesdrop on Americans. As a result, the Bush memo argued, the President had the power to ignore the law because FISA, to the extent it purported to restrict the President's war powers, "would be unconstitutional as applied in the context of this Congressionally authorized armed conflict...

Yesterday, Hillary Clinton told the House of Representatives that "the White House would forge ahead with military action in Libya even if Congress passed a resolution constraining the mission." As TPM put it: "the administration would ignore any and all attempts by Congress to shackle President Obama's power as commander in chief to make military and wartime decisions," as such attempts would constitute "an unconstitutional encroachment on executive power." As Democratic Rep. Brad Sherman noted, Clinton was not relying on the War Powers Resolution of 1973 (WPR); to the contrary, her position is that the Obama administration has the power to wage war in violation even of the permissive dictates of that Resolution. And, of course, the Obama administration has indeed involved the U.S. in a major, risky war, in a country that has neither attacked us nor threatened to, without even a pretense of Congressional approval or any form of democratic consent. Whether the U.S. should go to war is a decision, they obviously believe, "for the President alone to make.

What do you think?

Has the war on terrorism fundamentally changed the role of the US President in making foreign policy, especially in terms of war?

Should the US President (the Executive branch of the government) be the primary maker of foreign policy? Or, should the US Congress have equal authority to make foreign policy and check the policies of the US President?

Should citizens be more involved in US foreign policy making -- that is, should US foreign policy be more democratic? Or, should citizens be kept out of foreign policy decision making and trust their political leaders -- that is, should US foreign policy be more elitist?

48 comments:

  1. I feel that the US Congress has a much power to make decisions and have an input on issues just like the President. When it comes to war though I feel that the decisions are completely up to them. I also feel that foreign policy should also be democratic I feel that citizens have a right to make a statement on how they feel and not have someone constintally making the decisions for them.
    Tiffany Didawick
    PSCI 100.04

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  2. I agree with what Tiffany has said above, I believe that yes citizens should have a voiced opinion on such laws as daily laws that we follow by, but as for declaring war I feel that should be left for congress and the president to decide. I agree with Tiffany as well, when she says citizens have a right to make statements on how they feel about such policies but should have a voice or feel that they are not always having decisions made for them.

    Jenna Hoffman
    PSCI 103
    MWF 1110-12

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  3. Congress should definitely have some say or check on some or most of the actions of the president regarding foreign policy. The President should have some limitations on what he can and can not do with issues on foreign policy because sometimes his decisions aren't necessarily the best ones and Congress was deigned to check the powers of the president, but lately where have those powers gone? I feel as if the President today has way to much power for his own good and Congress can't seem to do anything about it. I also feel like Americans should have some say regarding foreign policy and the government should take into account public opinion on these issues, but ultimately the major decisions should be left up to government officials who are more knowledgeable and have better judgement.

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  4. I think that congress deserves some say in what the president can and cannot do. The president is supposed to be our leader and do what he believes is in the countries best interest. However, I think he is being a little extreme. They have made it so easy for him to get away with anything and blame it on his status. I think that Americans should have a little more say in what our country can or cannot do. I know that this would be difficult because you can't please everyone, but we have to stand up for something. If we don't stand up for something (for our country) we will fall for anything, and that's exactly what is happening. It's almost like we are being brainwashed into thinking that this is acceptable.

    Stephanie Shank
    Politics and Government
    Tues/Thurs
    12:25-1:40pm

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  5. I think that the President should be working with the Congress on making decisions on foreign policy. The President should not have all of the power and leave the rest of the branches in the dark on decisions that are being made. As pointed out, the President may not always have the best solution or plan for an issue and consulting with Congress can open up ideas. Yes, the American people need to have a say on what goes on with foreign policy. To a certain point their opinions and suggestions should be heard but it ultimately should be the decision of the President and Congress who are experienced in such matters.

    Sara Balog
    PCSI 100-04
    TR 12:25-1:40

    ReplyDelete
  6. The war on terrorism has changed the role for the US President in foreign policy, because so many people are in fear of terrorism that they are willing to give away their rights for safety,giving the president the opportunity to abuse his powers in foreign and war policies. Giving the president full power of such decisions is how dictators come about. the power should be shared between the president and congress-balance. I don't feel that citizens are educated enough in such affairs to be apart of it.
    -Katlyn Kettering
    PSCI 100.03
    MWF 11:10-12

    ReplyDelete
  7. The war on terrorism has changed the role of the president to some degree. He has recieved more power during the last few years. I think that Congress needs to be involved with foreign policy. There are more members of Congress which brings more ideas to the table. We elected these people to make decisions for our benefit. Having one man control our country isn't for our best intrest. Citizens should not be more involved though. The uneducated masses should not make big decisions for our country. We the people elected representatives to do this job. Most people don't care or have the time to be educated on most subjects dealing with foreign policy.
    Corbin Clark
    PSCI 100.3
    MWF 11-12

    ReplyDelete
  8. The war on terrorism has def. changed the role of president. Because of the war on terrorism, the president has come to have more power with foreign power.
    The US President should have to make decisions with the Congress and not have the power to override their ruling.
    I think that under certain circumstances US citizens should have some say in foreign policy, if not the citizens maybe the ones who are out there fighting for our country? I feel like if it is anyone who knows what needs to be done as far as war, etc. it should be the military.


    Rose Walker
    PSCI T TH 12:25

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  9. I feel that after 9/11 everyone is more on edge when it comes to war. It changed everything when it comes to war and evesdropping. I feel Congress and the Executive branch should have equal say on war and issues that go with it. I say that but I know it will never happen. Nothing in the government is fair and equal. The president does need more then just his say and just the say of a few others. American citizens should have an opinion and a say but not be the deciding factor by any means. We were all for the War on Terrorism then we decide to hate it. We act on our emotions and the NOW impulse. We are not trained to decide to go to war or not.
    Amber Kollar
    PSCI: 100:03
    MWF: 11:10-12

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  10. I feel Congress should have as much power as the President on making decisions about foreign policy. Having congress more involved brings more ideas and opinions. Citizens can give their opinions and ideas, but they are not informed or educated enough about foreign policy. Some may have good ideas, but the majority of citizens do not have a clue.
    Taylor Frankenberry
    PSCI 100.03
    mwf 11-12

    ReplyDelete
  11. I feel congress and the president should work together in war decision making. It seems to me that a group of people making a decision would be more beneficial to the country than one person making such a big decision that will affect the whole country in some way.
    Ashley Wright
    PSCI 100.03
    MWF 11-12

    ReplyDelete
  12. I believe the war on terrorism has made the leader of our country (whomever it may be at the time) think that he is solely responsible for making foreign policy decisions. This though, is in fact not the case. Although the president may believe he has all of the power, and can make whatever decision he feels like, he can not. Or maybe I should say he should not. Maybe the president has the kind of power now after the decade long war, but I think that he should not be entitled to all of the power. It is too big of a decision for just one person to make. U.S. Congress should be checking the foreign policies to make sure that the president isn't making rash or wrong decisions. There has always been checks and balances and in no way should this be changed. As for the citizens having a voice in foreign policiy, I'm not exactly sure what side I take. I don't believe citizens have ever had the right to vote for a foreign policy; it has always been decided by the president and other elected officials (Congress). That should stay the way it always has been.

    Jessica VanFleet
    PSCI 100.04

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  13. I definitely think the war on terrorism has changed the role of the president. He has more power over foreign policies now, and that is a huge responsibility. I feel that congress and the executive branch should share that resonsibility and also be able to have a say on what decisions are made.

    Sara Paquet
    PSCI 100.03

    ReplyDelete
  14. I think that the president alone should not be able to decide who and when the US goes to war. I believe the decision should have to be passed through congress who should make their decision on the majority of the citizens choice. OF all people the citizens should have the most say in this decision because they are the ones who are going to the battlefield and loosing their loved ones. I think that the recent terrorism in the US is an excuse for president to continue extending their power.
    Heather Burleson
    TR 1230-140

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  15. I do not think that the president should have as much leeway on foreign policy. I think the president is over using his right of authority and we are all just sitting back watching what's happening. I think Congress needs to step in more and put limitations on what the president can and cannot do. If I remember correctly, when Bush was in office, he declared war in Iraq before Congress was even addressed of any such thing ( If this is correct ). This would be the perfect example of the president making decisions that could potentially hurt the American people.

    Ashley Bryant
    PSCI 1225-140

    ReplyDelete
  16. I really believe with what has happened the past decade with Bush and now Obama has really had to fight with the war on terrorism and the next Presidents that comes along is going to be debating on what he can do on the war on terrorism. I really feel that they think it is something they really need to focus on because of the issue this country is having on the war on terrorism. The PRESSURE is on him to make the right decision with foreign policy as of the way the law is set for right now, I don’t think that American Citizens need to be make a decision like that. But I don’t think that it should that decision should be just the Presidents either, I think that the US Congress should have equal authority to make these foreign polices.

    Ryan Potts
    T-R
    12:25

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  17. I believe that Congress should have as much power as the President on making decisions espcially about foreign policy. Having congress more involved brings more ideas and would be based on more than just one opinion. Citizens can have their thoughts and ideas as well , but will not get heard over higher power,plus we are not as educated as others about foreign policy to know what is best anyway. Some may have good ideas, but they may not all be logically.

    Amber Collis
    PSCI 100:03

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  18. I think that the war on terrorism has changed the role of the president in making both foreign and domestic policy and has provided many loopholes. I am in support of this to a point as individuals often manipulate systems in order to achieve goals (and by this, I am referring to terrorists). Failure to make changes may result in continued manipulation, which in this case would likely result in the deaths of others. I don’t feel like the president should be the primary policy maker as that would contradict our style of a three branch government. But he/she should have some room for exception (and be held accountable for poor or unethical decisions). And unless we switch from a republic to a direct democracy, citizens will never truly be involved in any policy making decisions.

    John Winterstine
    PSCI 100.04
    TR 12:25-1:40

    ReplyDelete
  19. I agree with Amber. I don't think the power should solely rest with the president because that's leaving it to just one person's judgment. Many citizens aren't educated enough on foreign happenings to make good decisions on it and it also seems like it would just be impractical for the decisions to rest strongly on the citizens. So I think having congress heavily involved would be the most practical and safe option.

    Alexandra Kezman
    PSCI 100
    TR 12:25-1:40

    ReplyDelete
  20. I think the president should take the approval rating into consideration, but should have complete authority on Foreign policy along with Congress. We elected them and I'm sure they know what they are doing more than most Americans.

    Garrett Hess
    PSCI 100:03
    MWF 11:10-12

    ReplyDelete
  21. I do not think the president should be the sole foreign policy maker. Congress should have the power to check his actions, otherwise this is an overwhelming amount of power for one individual. I do believe that US foreign policy should be more democratic even if only for the sole reason that it is hard to trust any one politician.
    Michael Citro
    PSCI 100-03

    ReplyDelete
  22. everyone is going to have their own opinion on foreign policy, with that being said, it would be hard to make it a more democratic thing. Although i think the american people, even congress should have more say in the role of foreign policy. it should not be solely up to the president (executive branch) , to decide how the foreign policy will look like or turn out.

    Dylan Nick
    PSCI 100-04
    T&R 12:24-1:40

    ReplyDelete
  23. I believe that yes, the War on Terrorism has changed the role of PResident to some extent. Before, only congress could delcare war and the President had to follow the laws. It just seems that Bush is trying to bend and change the laws in order to justify evesdropping. Just because it's a time of war, doesn't mean the laws should be changed pertaining to war. They were there in the first place for a reason. It's pointless to change them just to do things the way the President wants without repremand.

    Tessa Rakowski
    PSCI 100
    MWF 11:10

    ReplyDelete
  24. The decision of war should not solely be left up to the President to decide, as long as we call ourselves a Democracy. I think that many of the foreign policies of this country have been written to our advantage when we want something or when we have a vendetta with another country. I feel like the US government uses our military power to bully other countries and often we intervene in situations, in other countries, that we have no business intervening in. We remain at the mercy of these foreign countries for their oil, because the US refuses to drill for oil in this country. While I do believe that 9/11 has changed the role of the President, I think that many play off the fear of Americans to do what they want to do. Has invading Iraq, Afghanistan or Libya really benefitted homeland security? I certainly do not think so, but it has helped to further the debt of this country that is quickly falling apart while we rebuild foreign countries. I think that waging war should be a decision made as a country not solely one person’s decision. And, we all seem to agree that the same politicians that agree on very little, as far as the House vs. Senate, should somehow agree on something such as war.
    Patricia Claude
    Section 100-03
    MWF 11:10

    ReplyDelete
  25. I believe tha the president should not have a power trip when dealing with the war on terror. It was wrong of him to kill a man who could have been a terrorist but he did not know if he was for sure one. I think the president and congress should be equally involved in the war on terrorism becasue it is a very serious and sensitive matter so it should be looked at by mamny people. I think that citizens should be more involved with foreign policy because they should know what is going on in their government system.

    Kaitlyn Matthai
    PSCI 100.3
    MWF 11:10-12:00

    ReplyDelete
  26. I do believe the war on terrorism fundamentally changed the role of the US President in making foreign policy. I believe that citizens should have a voiced opinion but they should not have full control over making decisions. I think the president and congress should be involved at the same level with making foreign policy's. it is a very important decisions to make.

    Katie Reeg
    PSCI 100.4
    T TR 12:25-1:40

    ReplyDelete
  27. It is always nice to be able to make one's own decision. However, there is a time and place for this action to fall. I believe the President should not be "a one man show" when it comes to making such decisions regarding, war, terrorism, and/or foreign policy. Congress should be involved in such decision making. I do believe since 9/11, the ways of thinking by many have changed. It seems everyone wants to be involved, but yet no one really knows how to take control and push harder for their decisions to be heard and/or considered. There are many actions which require major thought and decision making. Therefore, acting on only one thought/decision, could jeopordize our entire country. So, Congress should be involved in the decision making with the President. In conclusion, I feel, since a war does not only involve "one" person, but many, then why should only "one" person be in charge of making such critical decisions?

    Megan Manuel
    PSCI - 100.04

    ReplyDelete
  28. There are a lot of grey areas when it comes to the President and his powers to engage in war. I believe it should stay like that also. In events of a serious attack and immediate retaliation needs to be taken, the president should have the power to go about without congressional approval. As we all know, it takes forever to get congress to come to a decision (if they ever do) and precious time cannot be wasted for clueless bickering on Capitol Hill.

    Alexander Bibby
    PSCI 100:04
    T/R 12:25

    ReplyDelete
  29. Congress should definitely have an equal input on foreign policy alongside the president. Foreign policy should be democratic,people in the US should have the opportunity to oppose or wage war. I feel like terrorism has changed the views of not only the president, but all US citizens. The fear of potential outcomes of it have driven presidents(Bush for example) to breach our rights.
    .Amanda Etube.
    ..PSCI 100.01..

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  30. The president needs to be limited in his power. I believe that he has been given too much power over the years and it needs to be balanced with some added control from the other branches. I do not think that the president should have complete control over the military for 90 days without approval. That is a recipe for disaster. I understand that congressional approval takes a long time, but there should be a fast-acting system that takes the supreme power out of the presidents hands. Foreign policy needs to be comprised of input from every branch of the government AND the people living within the country.

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  31. I agree with Greg, the presidents power needs to be limited and checked by congress. The more freedom he has in his actions without being checked by congress, the closer we get to moving towards a totalitarian govt. Also I believe people should have a little more of a say in what goes on in foreign affairs because things that occur in those affaiars can turn around and bite us in the butt so it would be nice to know we had some sort of control over what's going to happen. But I don't like that in foreign policy he can do a lot without being checked by congress.

    Brianne Fisher
    TR 12:25-1:40

    ReplyDelete
  32. I feel that although it should be up to Congress and the President to decide whether or not to declare war, there should be an effective way for the government to take a census of how the general public feels about it, even if the public doesn't want to protest. There should be a widely accessible polling process for topics such as war so there is a way of measuring the publics support or dissent towards a particular subject. There would be no power behind this vote, but it would provide Congress and the President a platform of how the country is reacting to a topic.

    Danielle Smith
    TR 12:45-1:40

    ReplyDelete
  33. Congress should have a say in foreign policy. While the President is supposed to have our best interest in mind, it does not always appear to be that way. I do not believe that one individual should be able to decide whether to put an entire country into a dangerous situation on his/her own.

    100.03

    ReplyDelete
  34. I do not think that the president should be the only one to decide when and where we go to war. I think the war on terrorism has given the chief a new power that we havent seen before in this country until about a decade ago. Things should def change in this department.


    Brian Wilt
    PoliSci 12:25- 1:50

    ReplyDelete
  35. The president's administration would at least remain in office for a minimum of 4 years. With the president having such power for foreign policy, the decisions that the president makes would surely affect the future administration. Any administration should not have the full control in foreign policy specially about wars, the decisions made should include the congress in the process. It would be irresponsible to haphazardly make decisions about foreign policy without considering how the next administration would handle it. The country wouldn't have full control of the situation in foreign states, so it wouldn't be helpful if administration changes as well as their decisions. 4 years wouldn't be enough to conclude the country's problems to other countries and these types of decisions would last throughout history and would impact the interest of future generations.

    Leslie Uri Acuesta
    PSCI 100
    MWF 11:10-12:00

    ReplyDelete
  36. I do feel that the war on terrorism has changed the role of the President in making foreign policy, especially during war. I also think that the executive branch and Congress should have equal authority to make foreign policy. To me, this seems like it would balance the power instead of just having the executive branch being the primary maker.

    Briana Simpson
    PSCI 100-04
    T/R 12:25-1:40

    ReplyDelete
  37. I don't think the president should have total control over foreign policy. The point of the checks and balance system our fouding fathers created was to make sure no one person had too much power.

    Dwight Shilling
    PSCI 100.03

    ReplyDelete
  38. I think it is very disturbing that the President of the United States can open fire on any coountry he wants to without checks and balences. Its like haveing a loaded gun without a safety and pointing it into a croud. Even though he can by law only attack the country for 90 days without congress declareing war on that country, with the sophistcated technology we have in our military today he may not even need 90 days. The presidents decisions need to be monitored. He should not have the power to commit any agressive act without permission from congress. Chad Watson PSCI 100:04

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  39. I think foreign policy should include as many people in the decision making process as possible. I think Congress should have equal power as the executive branch. Our government is said to have 3 branches for the reason of checks and balances, therefore, I think we should stick to it. It is hard to trust one person with making such huge decision for a massive group of people, no matter who the president may be.

    Amanda Lundstrom
    polysci 100:04
    TR 12:25-1:40

    ReplyDelete
  40. I believe the president's powers should be limited, and congress should have equal power. But the president is our leader and we do select the person that is going to have our country's best interest in mind. With that said, not everyone is perfect and people do make mistakes which is why i believe the president should not have all the power. And when the president does make mistakes someone people always make it seem like it's ok like he is doing the right thing even if he isnt.

    Megan Frazer
    11:10-12:00
    mwf

    ReplyDelete
  41. Terrorism has made everyone including the President even more paranoid about an attack on the United States. The President basically has to make decisions on attacking other countries who pose a threat even if it is a very small one. If he does not then it seems like he is not doing his job correctly. I believe the foreign policy decisions should be given to everyone in Congress and the President. I do believe that the Congress should not be represented by two completely different parties because of the rift between the two parties. These parties have very different views which makes policy issues hard. Lastly, I believe that the foreign policy issues should be left unto the officials of the government because they are educated in their specific field of duty. Democrats and Republicans need to put differences aside and come together for the country they are representing.

    Troy McNeill
    MWF 11:10-12:00
    Poli Sci 100-03

    ReplyDelete
  42. Since the war on terror, many things have changed. People's inputs and ideas on terrorism and how they feel fear are just two. The president holds a lot of impact on the nation and the ideas of many American citizens.

    Kirsten Dorosh
    PSCI 100.03
    MWF 11:10-12

    ReplyDelete
  43. The war on terrorism is very different than past wars, but that does not mean the executive branch can ignore what congress says. Congress should not have equal say in foreign policy as the executive branch does, but they should be involved in the decision making process and be able to stop what the president decides to do. The branches of the government are suppose to "check and balance" each other. This is clearly not the case. I also don't believe foreign policy should be more democratic because most people don't fully know the situations that are at hand.

    Steven Lesko
    PSCI 100:04
    TR 12 25

    ReplyDelete
  44. Yes, Congress should definitely be allowed to check the president. Why should one man have the power to bring war on the United States when it affects all of us? My view on terrorism is it has changed our entire lives not only how we elect the president since 9-11. We are reminded of the possibility of an attack everyday with the changes at airports and other places. We have to vote for a person we can trust and know has the ability to communicate with other global leaders to get things done. We as citizens should also have a say in foreign policy even if it’s by way of voting for the people we know have our same view points.
    Jessica Bailey
    Psci100
    T-TR 1225-140

    ReplyDelete
  45. If there pose a threat in national security the president should be able to have the power to change foreign policy. Congress should have a vote whether or not they should a say in foreign policy therefore one leader is not taking the power too much. Us citizens are not involved in much politics. Therefore if they are involved in politics they should have a say in it.
    Chris Smith
    MWF 11:10-12

    ReplyDelete
  46. I feel that Congress should have equal authority to make foreign policy. Also, Congress should check the policies of the US President because I do not feel that decisions should be left to just one person. I don't really think citizens should be strongly involved with US foreign policy making. If some people don't even know why they are voting for a certain candidate, how with they know a thing about foreign policy? These decisions should be made by the political leaders. I mean, it is part of their job.
    Tracy Ocampo
    PSCI 100.03
    MWF 11:10-12

    ReplyDelete
  47. I think that the President should be part of the decision of war, but not the only decision maker. The more people involved, the better. Congress should be part of this critical decision, because war is a very serious matter and everyone's voice should be heard on the issue before deciding whether or not to go to war.
    Danny Kremen
    poli sci 100:04
    TR 12:25-1:40

    ReplyDelete
  48. I, personally, do not believe that any one person should have that much power. I also believe that this is a prime reason why the president should have to have served in the military. If they are going to be making these decisions, they need to know what they are putting the troops up to by personal experience. I feel that citizens of the U.S. should have a say in foreign policy making, however they problem comes down to the number of people who are not quite as up to date as they should be still voting on these policies because after all, how can you vote on something so serious when you don't even understand it.

    ReplyDelete