Foreign Policy in American Government

Paper Summary:

The distribution of power in the area of foreign policy has traditionally been defined by a complex and evolving relationship. At times the legislative branch surrenders control to the executive branch and vice versa. This relationship is an intricate exchange of powers and practices and is carefully analyzed in this paper, beginning from 1776 until the present day.

From the Paper:

"In 1936, Justice Sutherland expanded the executive role in foreign affairs when he determined in United States vs. Curtiss-Wright, that the president should have a "degree of freedom from statutory restriction which would not be admissible were domestic affairs alone involved." [18] Sutherland's decision assigned new powers to the president that were not originally prescribed by the constitution. He allowed that the president could act independent of congressional authority, but not necessarily contrary to congressional law. Sutherland's views were not exclusive. John Marshall held a similar belief when he wrote in 1800 that "the president is the sole organ of the nation in its external relations, and its sole representative with foreign nations.""

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