Current Events: The Constitution & Foreign Affairs

Since the founding of the United States of America, the country has engaged in diplomacy with countries from around the world. Today is no different, with relationships, treaties, and alliances playing an important role in public perception of the United States, both domestically and internationally. Currently, the United States divides its attention between a number of issues; major pressing wars in Israel and Ukraine, as well as rising tensions with global leaders like China and Iran, are recent examples. With all these competing interests and complexities, how does the U.S. government function on the global stage? The short answer: The United States Constitution provides the framework. The United States Constitution separates and balances the powers of the federal government. One critical area in which this separation of powers is evident is in the realm of foreign relations. The Constitution divides these powers between the Executive, Legislative, and Judicial branches, ensuring that no single branch has unchecked authority in this crucial domain.

The Executive branch, headed by the President, plays a pivotal role in foreign relations. The Constitution grants the President the authority to negotiate and enter into treaties with foreign nations, as outlined in Article II, Section 2, Clause 2, which states, «He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties.» This provision allows the President to engage in diplomacy and make foreign policy decisions on behalf of the United States. The President also serves as the Commander-in-Chief of the armed forces, as specified in Article II, Section 2, granting them authority over military matters in foreign affairs.

The Legislative branch, consisting of the House of Representatives and the Senate, plays a significant role in shaping U.S. foreign policy. While the President can negotiate treaties, the Senate must ratify them by a two-thirds majority. This system ensures that the President cannot unilaterally commit the country to international agreements. Additionally, Congress has the power to declare war, provided for in Article I, Section 8, Clause 11, granting them a vital check on the President’s authority in military matters.

Finally, the Judicial branch also plays a role in foreign relations, primarily through the power of judicial review. Federal courts have the authority to review the constitutionality of foreign policy decisions, treaties, and executive actions, as established by the principles of judicial review outlined in the case of Marbury v. Madison (1803). This power ensures that actions taken by the President and Congress in foreign affairs must adhere to the Constitution and its principles.

Moreover, the Constitution establishes a system of federalism, which further divides powers related to foreign relations. States have limited authority in foreign policy, but they can engage in international trade and commerce. This division allows states to have some influence in foreign relations, particularly regarding economic matters.

As intended by the framers, the United States Constitution separates and balances the powers of foreign relations among the three branches of government, as well as between the federal and state governments. The intricate system of checks and balances established is a cornerstone of American democracy and is relied upon in navigating the complex world of today. This week’s Current Events resources examine the U.S. Constitution’s role in how the United States conducts foreign affairs. The resources shared provide information and context around how the U.S.’s foreign relations responsibilities are divided amongst both the states, the federal government, and the branches within the federal government.

Essential Questions, Vocabulary & Extend the Resources:

What is Foreign Policy?
How does the U.S. Constitution dictate the powers both states and federal branches have in foreign relations?
What aspects of Foreign Policy are most important to a nation? In your opinion, which individual or branch should have a say in these affairs and why?
In your opinion, does the U.S. Constitution do a good job of addressing how the United States must interact with foreign nations? Explain.
Has the United States moved past the core elements of the Pacificus-Helvidius debates?
Did the War Powers Act undercut the Constitutional Framers intent laid out in the U.S. Constitution? Explain.
In your opinion, does the incorporation of separation of powers in the U.S.’s foreign relations act as a hindrance or benefit for the nation as a whole? Explain.

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