Executive Branch: Disputed Powers & Foreign Policy Constraints

[Soaring Crane]

When disputes occur between Congress and the President, what is the tendency of the federal judiciary?

For another question about the Prez, what are his constraints on foreign policy?

Thanks for any help.

 

[russ_watters]

What kind of dispute are you talking about?

For constraints on foreign policy, treaties have to be ratified by congress after being signed by the President and wars must be (sorta) approved by Congress.

 

[Soaring Crane]

My teacher didn't verify what kind; it was a general statement. What are some common disputes?

 

[GENIERE]

Some common disputes:

Taxes, war, health care, taxes, marriage, education, guns, snail darters, taxes, federal debt, death penalty, the definition of “is”, taxes, social security, flag burning, pollution, taxes, crime, human rights, animal rights, my rights, taxes, global warming, global cooling, oil, taxes, energy, fishing, whaling, hunting, taxes, this, that, taxes…

 

[selfAdjoint]

Some common disputes:

Taxes, war, health care, taxes, marriage, education, guns, snail darters, taxes, federal debt, death penalty, the definition of “is”, taxes, social security, flag burning, pollution, taxes, crime, human rights, animal rights, my rights, taxes, global warming, global cooling, oil, taxes, energy, fishing, whaling, hunting, taxes, this, that, taxes…

None of these issues would constitute a constitutional issuebetween the legistative and executive branches, and only that kind of dispute would be brought before the Supreme Court.

One such dispute that came up recently was the attempt by an agency of the congress to find out the names of the industrialists who had advised Vice President Cheney in the development of his energy policy. Cheney pleaded executive privilege and I believe that was upheld by the Supremes.

 

[GENIERE]

None of these issues would constitute a constitutional

Not even this or that? Oh shoot!

 

[BobG]

When disputes occur between Congress and the President, what is the tendency of the federal judiciary?

For another question about the Prez, what are his constraints on foreign policy?

Thanks for any help.

The Supreme Court doesn't resolve disputes between the President and Congress (unless one or the other has done something to violate the constitution).

If the President doesn't like a law that Congress has passed, he vetoes it. If enough members of Congress want the law passed anyway (67% of each house), they over ride the President's veto and pass it anyway.

As Russ said, the President signs treaties (kind of initiates the US entering into a treaty) and then Congress either ratifies the treaty and it goes into effect or they vote against the treaty and the US doesn't take part in the treaty. (In practice, the President will almost never sign a treaty that isn't sure to be ratified).

The constraints on military action are kind of ambiguous. Only Congress can declare war and only Congress can fund a war. The President is still Commander in Chief of the military and can make an immediate military response, but he theoretically can only take short term military action without getting Congressional approval (both Congress and Presidents have carefully avoided disagreeing strongly enough about military action to let this go to the Supreme Court).