Are We Experiencing A Constitutional Crisis?
By Frank Salvato
April 6, 2007
I have been disappointed to hear that some of the radio personalities and editorialists who usually present a modicum of reason to the American public are having a hard time finding anything wrong with Speaker of the House Nancy Pelosi's recent attempt at promoting rogue foreign policy in the Middle East. To be sure, our Constitution (web site) does not vest any member of Congress -- speaker or otherwise -- with the power to usurp the authority of the Executive Branch where conducting foreign policy is concerned.
This isn't to say that Congress doesn't have any authority over the formulation of US foreign policy, it certainly does. Article 2, Section 8 clearly states that Congress shall have the power:
"...To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;...To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;..."
Further, in Article 3, Section 2 it clearly states that by their "advice and consent" they authorize the President of the United States:
"...To make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law;..."
In other words, Congress has the authority to regulate business between the United States and foreign nations, to declare war and regulate the spoils of war and to validate and make official any treaties negotiated through the Executive Branch. Article 3, not Congress, empowers the Executive Branch with the ability to appoint ambassadors, ministers, counsels, Supreme Court Justices and all other officers including official representatives of the United States. In essence, Congress has the limited power to legislate the general character and policies comprising American foreign policy.
Missing from this list of permitted functions is the power to directly engage in the business of foreign relations; to enter into official relations with foreign heads of state. For this alone, we should have a huge problem, not with just the recent diplomatic transgressions of Nancy Pelosi, but with each and every member of Congress -- Democrat and Republican -- who has taken it upon themselves to represent the United States in activities that engage foreign leaders. (web site)
Fact finding missions are one thing. Engaging in rogue diplomacy is quite another.
The United States Secretary of State is -- for better or worse -- Condoleezza Rice. Secretary Rice was appointed by President Bush -- pursuant to the authority vested in him by Article 3, Section 2 of the US Constitution -- and confirmed by the Senate pursuant to the same constitutional authority. The appointment and confirmation of Secretary Rice establishes her as the face of US foreign policy. (web site) It is through this office -- a presidential cabinet-level position falling under the authority of the Executive Branch -- which American foreign affairs are to be conducted as mandated by the United States Constitution.
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