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The Constitution and the Conduct of American Foreign Policy

Edited by David Gray Adler and Larry N. George

Foreword by Arthur Schlesinger, Jr.

416 pages, 6 x 9
Paper ISBN 978-0-7006-0756-3, $22.95

Book Cover ImageIn this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs--thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars.

These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant.

Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.

Table of Contents

Court, Constitution, and Foreign Affairs
David Gray Adler

Democratic Theory and the Conduct of American Foreign Policy
Larry N. George

The President, Congress, and the Fulcrum of Foreign Policy
Robert J. Spitzer

Presidential Prerogative and the Spirit of American Constitutionalism
Donald L. Robinson

The President's Recognition Power
David Gray Adler

Why the President Almost Always Wins in Foreign Affairs
Harold Hongju Koh

The Constitution and Presidential Warmaking
David Gray Adler

The Spending Power
Louis Fisher

The War Powers Act and the Persian Gulf
Edward Keynes

The Washington Administration, Congress, and Algiers
Gerhard Casper

The Quasi-War and Presidential Warmaking
Dean Alfange, Jr.

Secrecy and Constitutional Controls in The Federalist Period
Daniel N. Hoffman

The Barbary Wars: Legal Precedent for Invading Haiti?
Louis Fisher

Truman in Korea
Louis Fisher

Appendices: Federalist Papers 64, 69, 75 and the ten most relevant foreign affairs cases, including Dellums v. Bush and U.S. v. Curtiss–Wright.

"These provocative essays on the delicate partnership of Congress and the president are must reading for members of Congress, presidents, presidential advisers, and all serious students of American constitutionalism."--Thomas E. Cronin, author of The State of the Presidency

"A well-conceived and impressive book that will be useful for both scholars and general readers."--Jules Lobel, lead attorney in Dellums v. Bush

"An important contribution to the growing body of literature on separate and shared national security powers in our democracy."--Stephen Dycus, coauthor of National Security Law

DAVID GRAY ADLER teaches political science at Idaho State University. He is the author of The Constitution and the Termination of Treaties and coeditor of The Presidency and the Law: The Clinton Legacy.

LARRY N. GEORGE is associate professor of political science at California State University, Long Beach.