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U.S. National Security Processes

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U.S. National Security Processes: Executive v. Legislature

This paper will examine the decision-making processes of the U.S. government. The discussion will specifically focus on the powers and processes involved in national security decisions of the executive and legislative branches of the government. The first part of the paper will present an overview of the constitutional framework of national security and the legal powers granted to both branches of the government. The second part of the paper will examine in closer detail the interrelationship between the executive and legislature in making national security decisions and will look at some examples of national security decisions made since the Second World War.

Although the President has been granted most of the authority over foreign relations and defense issues, the Constitution grants Congress several related powers which affect the President's authority. Thus, the President rarely has the only voice with regards to national security issues. As one authority has said, the framework established by the Constitution is an invitation to struggle for the privilege of directing U.S. foreign policy (Corwin, 1957, p. 171). The Constitution grants certain powers to the President in one article and then restricts those powers with grants of power to the Congress in another article. This means that the words and phrases of the Constitution cannot be looked to as definite and final authority for the powe

. . .
United States in foreign affairs. In the one major military engagement since 1973, however, President George Bush did ask Congress for the approval of sending U.S. troops into combat in the Persian Gulf, as will be discussed below. In other episodes involving U.S. troops in combat, Presidents have not asked for Congressional approval and Congress has never exercised its power under the Act to order the President to withdraw the troops. It would appear that Congress remains either fearful of precipitating a crisis of authority, should the President refuse to obey such an order, or of being blamed for any diplomatic or military failure which might occur once U.S. forces were withdrawn (Crabb & Holt, 1992, pp. 52-53). Another major Congressional power in national security and foreign affairs is that of oversight. Not specifically mentioned in the Constitution, the power of Congress to oversee and investigate the government of this country has long been recognized as a "necessary and proper " part of executing its other legislative powers (Article I, Section 8). Congress has historically relied upon its investigative powers to influence foreign affairs by conducting investigations through and hearings before standing committees; it
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Approximate Word count = 5484
Approximate Pages = 22 (250 words per page)

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