The assertion that US foreign policy and national security are shaped by presidential omnipotence is refuted by recent precedents and the US Constitution. The latter was created by the Founding Fathers, who were determined to limit the power of government and preclude the possibility of executive dictatorship. They were apprehensive of potential presidential excesses and encroachment, and therefore assigned the formulation of domestic and foreign policy and national security policy to bothCongress and the president. Obviously,the coalescing of congressional policy among 535 legislators constitutes a severe disadvantage for the legislature.
According to the Congressional Quarterly, the US Constitution rectified the mistakes of its predecessor, the Articles of Confederation, upgrading the role of Congress to the primary branch of the US government. "Hence, the first article of the Constitution is dedicated to Congress. The powers, structure, and procedures of the national legislature are outlined in considerable detail in the Constitution, unlike those of the presidency and the judiciary...."
Unlike all other Western democracies -- where the executive branch of government dominates the legislature, especially in the area of international relations and defense - the US Constitution laid the foundation for the world's most powerful legislature, and for an inherent power struggle over the making of foreign policy between the legislature and the executive, two independent, co-equal and co-determining branches of government. Moreover, while the president is the commander-in-chief, presidential clout depends largely on congressional authorization and appropriation in a system of separation of powers and checks and balances, especially in the areas of sanctions, foreign aid, military assistance, trade agreements, treaty ratification, appointment confirmation and all spending.
Congressional power has been dramatically bolstered since the Vietnam War, Watergate, Iran Gate and globalization, which have enhanced the involvement of most legislators in international issues, upgraded the oversight capabilities of Congress, dramatically elevated the quality and quantity of some 15,000(!) Capitol Hill staffers and have restrained the presidency.
However, Congress has often abdicated its constitutional power in the area of foreign policy, failing to fully leverage the power of the purse: funding, defunding and "fencing." Thus, legislatorsprefer to be preoccupied with domestic issues, which are the primary concerns of their constituents and, therefore, decide their re-electability. Therefore, they usually allow the president to take the lead in the initiation and implementation of foreign and national security policies, unless the president abuses their trust, outrageously usurping power, violating the law, assuming an overly imperial posture, pursuing strikingly failed policies, or dramatically departing from national consensus. Then, Congress reveals impressive muscle as befits a legislature, which is the most authentic reflection of the American people, unrestrained by design, deriving its power from the constituent and not from party leadership or the president, true to the notion that "the president proposes, but Congress disposes."
For example:
On August 1, 2014, Democratic senators forced President Obama to de-link the $225mn funding of Iron Dome batteries from the highly controversial $2.7bn immigration and border security bill.
Since 1982 and 1999, the Senate hasrepeatedly refused to ratify the Convention on the Law of the Sea and the Comprehensive Test Ban Treaty.
The January 2013 defense authorization bill tightened restrictions on the transfer of terrorists from Guantanamo to the US. In May 2009, Majority Leader Harry Reid foiled President Obama's attempt to close down thedetention camp.
On February 17, 2011,President Obama reluctantly vetoed aUN Security Council condemnation of Israel's settlement policy, due to bi-partisan Congressional pressure.
In September 2012, a $450 million cash transfer to the Muslim Brotherhood regime in Egypt was blocked by Congress.
The 2012 budget cut into Obama's foreign aid spending requestby more than $8bn.
In 2009, bi-partisan congressional opposition prevented the appointment of Chas Freemanto chair the National Intelligence Council.
In 1990-92, Congress approved a series of amendments, unprecedentedly expanding US-Israel strategic cooperation, despite presidential opposition.
In 1990, President Bush failed in his attempt to cut Israel's foreign aid by 5% due to Congressional opposition.
In January, 1975, the Jackson-Vanik Amendment was signed into law, in defiance of the president.
Congress endedUS military involvementin Vietnam (the 1973 Eagleton, Cooper and Church amendments), Angola (the 1976 Clark Amendment) and Nicaragua (the 1982-1984 Boland Amendments).
In 1991, Senator Daniel Inouye, who was the chairman of the Intelligence Committee and surged to the chairmanship of the full Appropriations Committee, fended off Administration pressure to withdraw an amendment to upgrade the port of Haifa facilities for the Sixth Fleet: "According to the US Constitution, the legislature supervises the executive, not vice versa..."
Will Congress follow in Senator Inouye's footsteps, or will it abdicate its constitutional responsibilities?
Ambassador (Retired) Yoram Ettinger is an insider on US-Israel relations, Mideast politics and overseas investments in Israel’s high tech. He is a consultant to members of the Israeli Cabinet and Knesset, and regularly briefs US legislators and their staff. A graduate of UCLA and undergraduate at UTEP, he served amongst other things, as Minister for Congressional Affairs at Israel’s Embassy in Washington. He is the editor of “Straight from the Jerusalem Cloakroom and Boardroom” newsletters on issues of national security and overseas investments in Israel’s high-tech.
