Congress is given several powers to engage in foreign policy, but also to check the president's actions foreign policy, especially in the event of war. Perhaps the most important powers are in the War Power Clause which was given to Congress in the Constitution and Foreign Commerce Clause. This clause provides Congress with the power to regulate commerce overseas. Five wars have been declared under the Constitution: the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II.
In the instance of the Mexican-American War, President James Polk explained that Texas was about to become a part of United States of America. Mexico threatened to invade Texas. The President gathered troops near Corpus Christi. U.S. troops moved into an area in which the new international boundary was being disputed. Mexican troops moved into the same area and the two forces clashed. The President claimed that Mexico had passed the boundary into the United States. Some individuals in Congress, including Abraham Lincoln, wondered if this was true.
However, U.S. presidents have not sought formal declarations of war often. Instead, they maintain that they have the Constitutional authority, as commander in chief to use the military for "police actions. " According to historian Thomas Woods, "Ever since the Korean, Article II, Section 2 of the Constitution — which refers to the president as the 'Commander in Chief of the Army and Navy of the United States' — has been interpreted to mean that the president may act with an essentially free hand in foreign affairs, or at the very least that he may send men into battle without consulting Congress. " Some people have argued this could pass as offensive actions, although historically police actions fell mostly under the purview of protecting embassies, U.S. citizens overseas, and shipping such as the quasi war.
The Korean War was the first modern example of the U.S. going to war without a formal declaration. This has been repeated in every armed conflict since that time. However, beginning with the Vietnam, Congress has given other forms of authorizations to declare war . Some debate continues about whether the actions are appropriate. The tendency of the Executive Branch to engage in the origination of such a push, its marketing, and even propagandizing or related activities to generate such support is also highly debated.
Johnson and His Advisors
Johnson being shown a map of an area in Vietnam. The police action spiraled into a war-like situation quickly, although it was one war never waged by Congress.
Therefore, in light of the speculation concerning the Gulf of Tonkin and the possible abuse of the authorization that followed, Congress passed the War Powers Resolution in 1973. It requires the president to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities with a full disclosure of facts in the process. The constitutionality of the resolution has never been settled. Some presidents have criticized it as an unconstitutional encroachment upon the president.
Some legal scholars maintain that offensive, non-police military actions, while a quorum can still be convened, taken without a formal Congressional declaration of war is unconstitutional. They believe this because no amendment with two-thirds majority of states has changed the original intent to make the War Powers Resolution legally binding. However, the Supreme Court has never ruled directly on the matter and to date no counter-resolutions have come to a vote. This separation of powers stalemate effect creates a "functional," if not unanimous, governmental opinion and outcome on the matter.
The Commerce Clause in the Constitution also give Congress the power to regulate trade between nations. The Commerce Clause is an enumerated list in the United States Constitution. The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. " These powers are sometimes discussed as separate powers, but they are essentially important because trade is considered to be an important form of economic diplomacy between the United States and foreign nations.