The Myth of U.S. Omnipotence in Foreign Affairs

    As chief executive, the President is charged with enforcing the laws. Since the emergence of administrative law, which now includes the ability of federal agencies to propose and promulgate rules, the scope of executive power has undeniably increased. Congress also, in it hysterical response to the events of 9/11/2001, gave the executive broad powers in addressing threats of possible terror. 

    In all other respects, however, Article II of the U.S. Constitution gives the President of the United States exceedingly limited powers domestically, as compared to the Congress. Section 2 of Article II grants authority to appoint judges and other "officers of the United States" subject the advice and consent of the Senate. Section 3 provides that the President may also propose laws, convene both houses of Congress on "extraordinary occasions" and adjourn the Congress when the two houses disagree about the time of adjournment.  Hence, contrary to the prevailing right-wing stereotypes about an aggrandizing executive, presidential power in domestic affairs basically remains, as Richard Neustadt described it in his 1960 classic work, Presidential Power, "the power to persuade."

    In contrast to the President's limited domestic authority, Article II of the Constitution confers broad powers upon the President in the realm of foreign affairs. Section 2 of that article vests authority in the President as commander in chief of the Army and Navy of the United States and the Militias (today's National Guard) of the States when called into service. The President is also given the authority, with the advice and consent of the Senate, to make treaties, and  to appoint ambassadors.

    Since the adoption of the Constitution, by virtue of the President's authority over diplomacy and the armed forces, and the surrender by the Congress of its authority to declare war, the President's control over the foreign policy of the United States, and the ability to commit U.S. forces to foreign adventures and combat abroad, has grown exponentially. The Cold War accelerated that trend. Interestingly also, in stark contrast to the unrestrained zeal of current federal court judges to set aside domestic laws and regulations, the judiciary of the United States continues to give broad and virtually uncritical deference to the president's authority in foreign policy.

    The President's limited ability to address urgent domestic needs, and the inability of the office to surmount the kind of Constitutional gridlock and dysfunction that are caused by checks and balances and separation of powers  (which weakness is magnified when confronted by an intransigent Congress) forces office-holders to look elsewhere to secure their legacy. Hence, the temptation of modern Presidents, whether Democrats or Republicans, to become embroiled in the kinds of foreign entanglements that George Washington warned against becomes almost impossible to resist.

     This temptation to meddle abroad becomes even stronger, given the blandishments of the media, fueled as they are by inside the beltway, Neo-Cons, Washington think-tanks and the enormous lobbying power of those entities that depend for their continued prosperity upon the care and feeding of the garrison/surveillance state.            

    Here at home, President Obama needs to remember that the drums of war are being banged most loudly in the Congress by those who revel in his failures. Senators McCain and Graham have yet to meet a war or a foreign adventure that they could not endorse. A perplexing question rarely asked of them by pundits, is why they oppose almost all presidential policies that would promote the public interest and address the myriad of domestic problems this country faces - such as poverty, lack of medical insurance, decaying infrastructure, policies that deny employees the right to unionize, economic inequality, and a stagnant economy - yet demand that the president squander billions of dollars of the taxpayer's money in a vain effort to try to influence events that do virtually nothing to address this country basic needs? 

    When all is said and done, as Joseph Stiglitz and other economists have estimated, Iraq and Afghanistan may very well cost the U.S. in excess of six trillion dollars. That amount of money would be more than enough to address every pressing domestic need in the United States and provide guaranteed medical care for every single American.
    
    If the lessons of this country's recent misadventures provide any guidance, President Obama would do well to think long and carefully and resist the siren calls of the French and British. It is their discredited colonial policies that continue to be the cause of most of the discord in the world, whether in India/Pakistan, the Middle East, or in Africa.

    Secretary of Defense Hagel and General Dempsey have warned that the U.S. has limited abilities and options. One country, no matter how technologically powerful but far removed from the turmoil of civil strife and sectarian hatred that has been stoked by religious zealots and fanatics and repressive governments, cannot control the destiny of cultures that are imploding. As our own Civil War showed, some conflicts - especially where important principles such as a history of social injustices are implicated - can never be resolved through diplomacy or by the threat of foreign intervention. Sadly, for ill or for better, events in Egypt and Syria - as well as other trouble sports in the Middle East - will play out on the field of history until one party or the other has emerged the victor.    

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