Presidential Powers: Article II, Foreign Policy, and Checks and Balances

Constitutional Foundations of Presidential Power

The powers of the presidency are listed and outlined in Article II of the Constitution of the United States. In a relatively brief explanation of the executive branch, the Constitution's framers present a vision of a president with very specific and limited powers. Those powers include service as Commander in Chief of the nation's armed forces, entrusting the president with the capability and responsibility of making key strategic decisions related to the behavior of the United States in all military matters. Additional roles played by the president include appointing Justices to the Supreme Court and making other staffing decisions, which have a major bearing on the political character and tenor of the nation.

Historically, the office of the presidency has been one of the most controversial elements of the Constitution, given the intense debates over federalism. The president symbolizes a strong central government and concentrated power, and attempts to limit presidential influence beyond what the Constitution already allows are therefore natural. Interestingly, term limits on the presidency were not established until relatively late in American history. It is now taken for granted that a change in leadership promotes a healthy balance of powers and prevents any one party from controlling or dominating political discourse and decision-making. The fact that midterm elections enable shifts in political culture in Congress helps to offset the life terms served by Supreme Court justices. As powerful as the president is, the office remains constrained by innumerable factors, ranging from informal influences such as cabinet positions to formal ones such as the legislative and judicial branches of government.

The Presidency and the Global Stage

Prior to the First and Second World Wars, the United States had remained relatively insular and isolationist in its approach to foreign policy. There were some strategic military engagements before that period, but once the United States entered the global arena during Europe's conflicts, it assumed a new role as a world superpower. The wars fought on foreign soil ended up profiting the United States to a significant degree, causing the powers of the president to escalate exponentially. As a result, the American president has become one of the most — if not the most — important positions of power in the world, both now and possibly in history. In the wake of the Cold War, the president of the United States came to be widely dubbed the "leader of the free world."

The president's presence is therefore felt significantly on the global stage, and this has increasingly been the case over the past fifty years. Whereas Congress's role remains squarely focused on domestic issues — with only the occasional need to engage with foreign policy matters — the president frequently focuses on national security and diplomacy. Congress does often pass legislation that bears on foreign policy, ranging from immigration acts to legislation related to tariffs (Congressional Record Proceedings and Debates of the 108th Congress, n.d.). Separation of powers is reinforced through Congress's distinct role as law developer, an arena over which the president generally has little direct influence.

When it comes to international affairs and foreign relations, the president has a great degree of authority in brokering deals. The negotiations between President Obama, the President of Iran, and the leaders of several other nations regarding the lifting of sanctions on Iran serve as a prime example of how influential world leaders have become — and not just the president of the United States. The Bush presidency's reaction to the September 11 terrorist attacks had already shifted the global perspective on the United States as a unilateral power. President Obama generally worked to counter that posture by operating in a more cooperative manner with other world leaders. Even if members of Congress opposed the Iran deal, the separation of powers meant that President Obama could proceed with negotiations. Members of Congress may pressure and censure the president, as may the president's own advisors, but ultimately it is the President of the United States who conducts negotiations and brokers deals on the international stage.

Checks, Balances, and Separation of Powers

Article II of the Constitution reveals the president's role within the system of checks and balances, granting the president the power to veto Congressional bills. The Constitution also illustrates how Congress and the Judiciary use their respective roles and privileges to check presidential power. Each branch of the federal government influences the others — directly or indirectly — while still performing its duties separately.

As powerful as the executive office is, it remains constrained on multiple fronts. Congress retains strong influence over official declarations of war, though those declarations have sometimes been circumvented, as they were during Operation Desert Storm and other military campaigns. The Supreme Court has almost no direct influence on military decisions or issues related to national security and foreign policy; its role is to interpret the Constitution in order to preserve the integrity and consistency of the law. Congressional oversight remains an ongoing check on the presidency, as the system of checks and balances allows Congress to pass or reject laws related to any activity the president may be engaged in.

Conclusion

Congressional Record Proceedings and Debates of the 108th Congress (n.d.). Government Printing Office.

United States Constitution. Article II. Retrieved from https://www.law.cornell.edu/constitution/articleii