‘Hidden Truths Stripped From the National Dialogue’ – The president’s power over foreign policy

From the book “Hidden Truths Stripped From the National Dialogue” by Bruce Herschensohn

MOST OFTEN REPORTED AND TAUGHT: “IT IS UNCONSTITUTIONAL FOR THE PRESIDENT TO KEEP NATIONAL SECURITY SECRETS FROM THE CONGRESS”

THE TRUTH: THE SUPREME COURT WROTE DIFFERENTLY

The most pertinent excerpts follow from the decision of United States v. Curtiss-Wright Export Corporation in which the “external realm” and “external relations” are terms used at times for what is now more frequently called foreign affairs, foreign relations, or foreign policy:

“In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it. As [U.S. Congressman, later to become U.S. Secretary of State and Chief Justice of the U.S. Supreme Court, John] Marshall said in his great argument of March 7, 1800, in the House of Representatives, ‘The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations’…The Senate Committee on Foreign Relations at a very early day in our history [February 15, 1816], reported to the Senate, among other things, as follows:

“The President is the constitutional representative of the United States with regard to foreign nations. He manages our concerns with foreign nations and must necessarily be most competent to determine when, how, and upon what subjects negotiation may be urged with the greatest prospect of success. For his conduct he is responsible to the Constitution. The committee consider(s) this responsibility the surest pledge for the faithful discharge of his duty. They think the interference of the Senate in the direction of foreign negotiations calculated to diminish that responsibility, and thereby to impair the best security for the national safety. The nature of transactions with foreign nations, moreover, requires caution and unity of design, and their success frequently depends on secrecy and dispatch.

“It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations – a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution. It is quite apparent that if, in the maintenance of our international relations, embarrassment – perhaps serious embarrassment – is to be avoided and success for our aims achieved, congressional legislation which is to be made effective through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved. Moreover, he, not Congress, has the better opportunity of knowing the conditions which prevail in foreign countries, and especially is this true in time of war. He has his confidential sources of information. He has his agents in the form of diplomatic, consular and other officials. Secrecy in respect of information gathered by them may be highly necessary, and the premature disclosure of it productive of harmful results. Indeed, so clearly is this true that the First President refused to accede to a request to lay before the House of Representatives the instructions, correspondence and documents relating to the negotiation of the Jay Treaty – a refusal the wisdom of which was recognized by the House itself and has never since ben doubted…

“When the President is to be authorized by legislation to act in respect of a matter intended to affect a situation in foreign territory, the legislator properly bears in mind the important consideration that the form of the President’s action – or, indeed, whether he shall act at all – may well depend, among other things, upon the nature of the confidential information which he has or may thereafter receive, or upon the effect which his action may have upon our foreign relations. This consideration, in connection with what we have already said on the subject, discloses the unwisdom of requiring Congress in this field of governmental power to lay down narrowly definite standards by which the President is to be governed.”

Bruce Herschensohn is a preeminent foreign policy expert, political commentator and author. He advised the greatest foreign policy presidents of our time, serving in the Nixon Administration and on the Reagan Presidential Transition Team. Herschensohn is a Senior Fellow in International Relations at Pepperdine University’s School of Public Policy.

Comments

  1. Chad Miller says

    “I hadn’t heard of this before. They clearly trusted the president more than the members of congress and right now I am in agreement with them.”

  2. Polosie, did you miss this in Speaker of the House school?

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