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The Powers of War and PeaceThe Constitution and Foreign Affairs after 9/11$
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John Yoo

Print publication date: 2005

Print ISBN-13: 9780226960319

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226960333.001.0001

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The Constitution and the Multilateral Future

The Constitution and the Multilateral Future

Chapter:
(p.293) 9 The Constitution and the Multilateral Future
Source:
The Powers of War and Peace
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226960333.003.0009

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

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