Jump to ContentJump to Main Navigation
The Powers of War and PeaceThe Constitution and Foreign Affairs after 9/11$
Users without a subscription are not able to see the full content.

John Yoo

Print publication date: 2005

Print ISBN-13: 9780226960319

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226960333.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use (for details see www.chicago.universitypressscholarship.com/page/privacy-policy).date: 16 December 2018

The Constitution and the Multilateral Future

The Constitution and the Multilateral Future

(p.293) 9 The Constitution and the Multilateral Future
The Powers of War and Peace
University of Chicago Press

In the setting of foreign policy, the interpretation of treaties and international law, and the termination of international agreements, the president may enjoy the initiative due to the formal and functional presumptions that the unenumerated foreign affairs power rests with the executive. Nonetheless, Congress can control the practical exercise of these powers by refusing to fund presidential programs, by enacting laws at odds with executive foreign policy, and by structuring a military in keeping with its preferred strategy for international relations. Globalization introduces new twists into the usual debates concerning the Constitution's regulation of international relations. The question of whether the president can use force abroad unilaterally, or whether Congress must give its ex ante approval, may change when U.N. Security Council approval is required.

Keywords:   foreign policy, international law, treaty interpretation, international agreements, Congress, globalization

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.