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The Constitution and the Conduct of American Foreign Policy

The Constitution and the Conduct of American Foreign Policy
Author: David Gray Adler
Publisher:
Total Pages: 426
Release: 1996
Genre: Law
ISBN:

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In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.


Foreign Policy and the Constitution

Foreign Policy and the Constitution
Author: Robert A. Goldwin
Publisher: A E I Press
Total Pages: 160
Release: 1990
Genre: Law
ISBN:

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Examines the apparent conflict between the places where the constitution lodges the power to determine the foreign relations of the United States - in Congress, and in the president, as commander in chief.


Foreign Affairs Federalism

Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 019049980X

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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.


The Constitution’s Text in Foreign Affairs

The Constitution’s Text in Foreign Affairs
Author: Michael D. Ramsey
Publisher: Harvard University Press
Total Pages: 505
Release: 2007-06-01
Genre: Law
ISBN: 067427816X

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This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations. Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.


American Foreign Relations

American Foreign Relations
Author: John Mabry Mathews
Publisher:
Total Pages: 726
Release: 1928
Genre: Constitutional law
ISBN:

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Democracy and Foreign Policy

Democracy and Foreign Policy
Author: Miroslav Nincic
Publisher: Columbia University Press
Total Pages: 228
Release: 1992
Genre: United States
ISBN: 9780231076685

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Democracy and Foreign Policy: The Fallacy of Political Realism challenges the belief that liberal democracy is incompatible with a wise and effective foreign policy. Miroslav Nincic demonstrates that if any such incompatibility exists, it is rooted in the incentives of professional politicians rather than in the impulses that drive the public and its legislative representatives. When we look at the intersection of U.S. domestic political arrangements and the nation's foreign policy, our gaze is often misdirected by erroneous and often harmful assumptions about the appropriate domestic setting for the conduct of foreign affairs. First, Nincic focuses on the effect of democratic practices and institutions on the efficacy and wisdom of international dealings, especially with rival nations. Nincic next examines the pursuit and consequences on some of the central aspects of our democracy, including the balance of power between the executive and legislative branches, civil liberties, and government openness. A challenge to political realists' contention that democracy impedes the sound conduct of foreign policy, Democracy and Foreign Policy will be of particular interest to scholars and policymakers in international relations, U.S. foreign policy, and diplomatic history.