Question

What are two main sources of congressional authority in the field of foreign affairs? Will fan & medal :)

Answer 1

The Constitution., has certain explicit passages dealing with the foreign affairs power. Specifically, the President is given authority to make treaties, to which the Senate is given the authority to advise and consent (Article 11, Section 2). The President is made Commander-in-Chief of the Army and Navy (Article II, Section 2); but the Congress is given the a u thority to raise and support armies, and to provide and maintain a Navy (Article 1, Section 8, Clauses 12 and 13). The Congress alone is given the power to declare war* and--in a much overlooked provision--the Congress is given authority to define offense s against the law of nations and to set punishments for them (Article I, Section 8, Clause 10).

In addition to these explicit provisions, there are also certain powers that flow merely from the fact that the United States is a sovereign nation. Justice Sut herland, writing in United States v._ C,drtiss-Wright E2Mort Corp., 29 U.S. 304, in 1937, observed that "The investment of the federal government with the powers of external sovereignty did not depend upon the affirmative grants of the Constitution."

This claim actually has much more ancient roots, going back for its clearest exposition to a famous debate between Alexander Hamilton and James Madison in 1793. England and France had gone to war in that year, and President George Washington had announced the United States, neutrality. At once, the Proclamation was challenged, in that nowhere in the Constitution is the President given the explicit authority to proclaim neutrality.

Answer 2

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