Chapter 9.3 Government
The Presidency in Times of War
During a war, presidents often claim increased powers to protect the nation. Congress is also more likely to give the president special powers at home as well as abroad. During World War II, Franklin D. Roosevelt demanded and received from Congress power to control prices, ration gas and food, and manage the industries needed to produce tanks, guns, and other war materials. Following the attacks of September 11, 2001, President George W. Bush expanded presidential powers as a way to fight terrorism. Just weeks after the attacks, Congress passed the USA Patriot Act. The act gave the president and executive branch broad powers to gather information about possible suspects and to detain people suspected of terrorism. For example, the act made it much easier for law enforcement to conduct wire taps and searches, including secret searches of the homes and records of U.S. citizens that can be carried out without a customary search warrant. Civil liberties groups and others have challenged the Patriot Act and other post-9/11 executive actions, charging that they unnecessarily strip fundamental constitutional protections at a time when the U.S. is not really at war. They also claim the Patriot Act is unconstitutional. Supporters say there are times and circumstances—such as the threat of terrorism—that justify a stronger focus on national security. They say the Patriot Act and other executive actions strike the right balance between protecting national security and constitutional freedoms. Since its initial passage, the law has been reauthorized (passed into law again) in 2005 and 2010, with slight modifications to address critics' concerns. President Bush also took other actions to fight terrorism. In 2002 he persuaded Congress to create a new federal department, the Department of Homeland Security, to better coordinate anti-terrorism activities across the government. Bush also put into place a practice to indefinitely detain foreigners and U.S. citizens who were captured on the battlefield. In 2004, however, the Supreme Court ruled in Hamdi v. Rumsfeld that the president cannot indefinitely lock up foreigners or U.S. citizens without giving them a chance to challenge their detention in court. In 2006 the justices rejected the Bush administration's use of specially created courts called military tribunals to try suspected terrorists.
Commander in Chief How does the president fulfill the role of commander in chief? How is the president limited in this role?
The Constitution makes the president commander in chief of the armed forces of the United States. The Constitution does not provide many details about what powers are included in this role. Because of this lack of detail, presidents have been able to argue that they possess all the powers needed to defend the nation or help it wage war against an enemy, as long as they do not interfere with the power of other branches or violate the law. The president may also use the military to control serious turmoil in the nation. For example, presidents have used federal troops to control rioting in American cities. In case of a natural disaster, such as a flood, the president may send needed supplies or troops to help keep order.
Executive Agreements
The president also has the authority to make executive agreements with other countries. Executive agreements are pacts between the president and the head of a foreign government. These agreements have the same legal status as treaties, but they do not require Senate consent. Most diplomatic executive agreements involve routine matters, but some presidents have used executive agreements to conclude more serious arrangements with other countries. During World War II, Franklin D. Roosevelt lent American ships to the British in exchange for leases on British military bases. At the time, the British were fighting Nazi Germany, but the United States had not yet entered the war. Roosevelt knew that he could not persuade the Senate to ratify a treaty because many of its most vocal leaders were isolationists. Instead, he negotiated an executive agreement. Some presidents have kept executive agreements secret. To prevent this, Congress passed a law in 1972 requiring the president to make public all executive agreements signed each year. Some presidents have ignored the law and kept secret those agreements they considered important to national security. In 1969 Congress discovered that several presidents had kept secret many executive agreements giving military aid to South Vietnam, Laos, Thailand, and the Philippines.
Recognition of Foreign Governments
As chief diplomat, the president decides whether the United States will recognize governments of other countries. The president determines whether the government will acknowledge the legal existence of another government and have official dealings with that government. Presidents sometimes use recognition as a foreign-policy tool. For example, since 1961, presidents have refused to recognize the Communist government of Cuba. This action indicates American opposition to the policies of the Cuban government. In 2011 the United States officially recognized the Libyan opposition group that controlled a region of that country as the legitimate government of the whole country.
Treaties and Diplomatic Resolutions
As chief diplomat, the president has sole power to negotiate and sign treaties—formal agreements between the governments of two or more countries. As part of the constitutional system of checks and balances, however, two-thirds of the Senate must approve all treaties before they can go into effect. The Senate takes its constitutional responsibility about treaties very seriously. Sometimes the Senate has refused to approve a treaty. After World War I, President Wilson was one of the three international leaders to create and propose the Treaty of Versailles. That treaty set terms to end the war and made the United States a member of the League of Nations. Despite Wilson's role internationally, the U.S. Senate refused to ratify the treaty. More recently, in 1977, President Carter signed two treaties giving control of the Panama Canal to the government of that country, but the Senate had taken months to debate and ratify the controversial treaties. In addition to its power over treaties, Congress can enact foreign policy legislation. It also can restrict or deny funds for foreign policy initiatives through its power of appropriations. Congress can also pass diplomatic resolutions. While these resolutions are not legally binding, they can exert significant influence on the president and U.S. relationships with other countries. In the struggle for control over foreign policy, presidents have two key advantages over Congress: access to information and decisive ability. Presidents have access to more information about foreign affairs than most members of Congress do. The administration sometimes classifies this information as secret. The Central Intelligence Agency (CIA), the State Department, the Defense Department, and the National Security Council (NSC) give the president the latest information needed to make key foreign-policy decisions. Presidents use this information to plan and justify actions they want to take. Members of Congress who lack access to this information often find it difficult to challenge the president's decisions. In addition, the ability to take decisive action has added greatly to the power of the presidency in foreign affairs. Unlike Congress, where the individual opinions of 435 representatives and 100 senators must be coordinated, the executive branch is headed by a single person who can act swiftly. In an international emergency, the responsibility for action rests with the president.
Military Operations and Strategy
As commander in chief, the president is responsible for key military decisions that define military policy and strategy. The president is a civilian, not an active member of the military, although historically many presidents have had military experience and leadership. Generals, admirals, and other military leaders run the armed forces on a day-to-day basis. The president receives regular reports from military and national security leaders that help him or her know about national security threats and developments around the world.
Power to Make War
Congress provides an important limitation on the president's role as commander in chief. Congress retains the power to declare war, as well as the power to provide the funds to pay for the military. Even so, presidents have sent American forces into action many times without a formal declaration of war. In the early 1900s, several presidents sent military forces into countries in Latin America and Asia to support leaders who were friendly to the United States. President Theodore Roosevelt sent the American troops on the USS Nashville to support Panamanian rebels in their revolution for independence from Colombia. President Lyndon Johnson deployed forces to Vietnam without an official declaration of war. Instead Congress passed the Gulf of Tonkin resolution, which authorized the president to use troops in Vietnam. As the conflict in Vietnam dragged on, however, Congress decided that the continued use of American troops in Vietnam was a result of an abuse of presidential power. It passed the War Powers Act in 1973 to limit the president's ability to wage war without a formal declaration by Congress. The War Powers Act prevented presidents from committing troops to combat for more than 60 days without congressional approval. It also allowed Congress to order the president to disengage troops involved in an undeclared war. President Nixon vetoed the law, but Congress mustered enough votes to override his veto. The law has not substantially changed presidential engagement in war-making, however. Since passage of the War Powers Act, there have been many instances where a president has engaged in military operations; debates have ensued over what constitutes combat troops and whether the War Powers Act should apply. For example, when President George H.W. Bush ordered an invasion of Panama to overthrow the dictator Manuel Noriega, he did not seek congressional approval. Was approval required? In 2001 President George W. Bush began the "war on terrorism" by sending troops to Afghanistan. Congress passed an Authorization to Use Military Force in Afghanistan by overwhelming margins. Later Bush asked for congressional approval for a much larger military action against Iraq. In October 2002, Congress passed a resolution that authorized the president to use the U.S. armed forces in Iraq "as he deems necessary and appropriate." In 2011 President Obama did not receive congressional approval for NATO airstrikes in Libya by the 60-day deadline.
Shadow War
For hundreds of years, the U.S. engaged in conventional wars fought with large numbers of troops in foreign countries in full public view. For the last 15 years, however, the U.S. has also been conducting a new kind of war, a "shadow war." This is fought in secret by special operations troops, hired private contractors, and armed drones—remote-controlled, pilotless aircraft firing missiles. It is aimed at tracking down and killing terrorists in places like Pakistan, Yemen, and Somalia. These new technologies are seen by many as lower-cost, lower-risk alternatives to messy wars of occupation. President Bush started this shadow warfare following the September 11, 2001, attacks, and President Obama greatly increased these activities. The Central Intelligence Agency (CIA) and the Pentagon have the primary responsibility for such operations under the overall direction and authority of the president. Osama bin Laden was killed in Pakistan by Navy SEALs as part of this program. In at least one case, two American citizens known to be engaged in terrorist activities were killed by CIA drones. Many shadow war activities are classified—information about them is not made public. The Obama administration has gone to court to fight efforts to make this information public. Some observers worry that secrecy makes it difficult to hold public officials accountable for this kind of "shadow" warfare. Some are concerned that shadow war has changed the CIA from an intelligence service to a high-tech paramilitary organization. Nevertheless, experts predict such activities are likely not only to continue, but to increase
Chief Diplomat How does the president fulfill the role of chief diplomat? How is the president limited in this role?
The president directs the foreign policy of the United States, making key decisions about the relations the United States has with other countries in the world. In this role, the president is the nation's chief diplomat. The president can negotiate and sign treaties, sign executive agreements with foreign heads of state, and recognize foreign governments. However, the president is limited in this role by the Congress.