Chapter

The Constitution and the Multilateral Future

in The Powers of War and Peace

Published by University of Chicago Press

Published in print October 2005 | ISBN: 9780226960319
Published online March 2013 | e-ISBN: 9780226960333 | DOI: http://dx.doi.org/10.7208/chicago/9780226960333.003.0009
The Constitution and the Multilateral Future

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In the setting of foreign policy, the interpretation of treaties and international law, and the termination of international agreements, the president may enjoy the initiative due to the formal and functional presumptions that the unenumerated foreign affairs power rests with the executive. Nonetheless, Congress can control the practical exercise of these powers by refusing to fund presidential programs, by enacting laws at odds with executive foreign policy, and by structuring a military in keeping with its preferred strategy for international relations. Globalization introduces new twists into the usual debates concerning the Constitution's regulation of international relations. The question of whether the president can use force abroad unilaterally, or whether Congress must give its ex ante approval, may change when U.N. Security Council approval is required.

Keywords: foreign policy; international law; treaty interpretation; international agreements; Congress; globalization

Chapter.  3964 words. 

Subjects: Constitutional and Administrative Law

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