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Transcript

The 2/3 Rule

The requirement of a 2/3 vote from the Senate creates the possibility that a treaty can be killed by a small minority.

Executive Agreements

Consider the Treaty of Versailles...it was supposed to end WWI. 49 Senators voted for it, 35 against, but the vote was 7 short of the 2/3 necessary.

An executive agreement is a pact between the President and the head of a foreign state.

This is used for one very simple reason...it DOES NOT require the "advice and consent" of the Senate.

Some presidents, like Tyler and McKinley used other tactics, like calling for a joint resolution , which only calls for a majority vote in each house.

The Power of Recognition

The Power to Make Treaties

  • When the President receives diplomats from another country, he is exercising the power of recognition.
  • By recognizing them, he is indicating that the U.S. accepts that country as an equal in the family of nations.
  • It doesn't mean we approve of their character or their conduct.

A treaty is a formal agreement between two or more sovereign states.

The President, through the Secretary of State, negotiates these agreements.

The Senate must give its approval (2/3 vote), which is called "Advice and Consent." The Framers chose the Senate because they felt that secrecy was crucial, which therefore, made the House of Representatives not an option.

  • There are many countries that the U.S. recognizes, but doesn't necessarily approve of. Take China, N. Korea, Afghanistan, just to name a few.
  • To show American displeasure, the President can recall that nation's ambassador in the U.S., which would in turn make that person persona non grata (or unwelcome person).
  • The President can also recall an American diplomat from a post in another country.
  • The withdrawal of recognition is the harshest diplomatic reprimand, and has often been a step to war.

Diplomatic and Military Powers of the President

Treaties have the same legal standing as acts of Congress. If a treaty and law conflict, the most recent enacted is considered to be the law.

Military Powers

  • Grants the President title of commander in chief.
  • It is fair to say that the President's power as commander in chief is almost limitless.
  • The President has the final authority over and responsibility for all military matters, although he may delegate much of his command authority to military subordinates.

War Powers Resolution

Wartime Powers

Undeclared War

The President's powers are commander in chief are far greater during war than in more "normal" times.

Use of troops in combat without a declaration of war by Congress.

The President may use the armed forces to keep the domestic peace and when necessary can call any State's militia into federal service.

  • Why? The nation was growing frustrated with the war in Vietnam...and it finally got to Congress.
  • When? 1973
  • What? An act intended to place limits on the President's war making powers.
  • Within 48 hours of sending troops abroad, the President must report to Congress the circumstances and scope of his actions.
  • Combat must end within 60 days, unless Congress agrees to a longer period.
  • Congress may end the combat anytime with a concurrent resolution.

Adams - 1798 - Navy sent in to fight French warships that were harassing American merchantmen in the Atlantic and Caribbean.

Jefferson/Madison - early 1800s - sent the Navy to fight the Barbary Coast pirates of North Africa.

Korean Conflict & Vietnam - both undeclared wars.

Most recent use of "undeclared war" - President G.W. Bush - ordered air strikes against Afghanistan for their involvement in the attacks on 9/11.

Little Rock, AK

Ferguson, MO

Holding the office of President comes with its demands, stresses, and huge responsibilities. One of those responsibilities is serving as chief diplomat and as commander in chief.

Diplomatic Powers

Diplomatic powers are those powers that allow the president to form and maintain relationships with foreign countries.

These powers include:

1. the power to make treaties

2. executive agreements

3. the power of recognition

Diplomatic and Military powers of the president

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