Channels, Spring 2019

Channels • 2019 • Volume 3 • Number 2 Page 49 2) The president relies on his own authority absent “congressional grant or denial of authority,” and void congressional action on the issue creates a “zone of twilight” in which presidential action may be constitutional; 3) Or the president’s “power is at its lowest ebb” when the president takes a course of action contrary to the “expressed or implied will of Congress.” Moreover, Fisher notes of Jefferson’s comments concerning presidential war powers that the constitutional framework supports the following: At best, it says that whenever Congress and the President have acted jointly to formulate foreign policy, it is the President who communicates, transmits, and explains that policy to other nations. Of course, the President can imitate policies on his own, such as the Monroe Doctrine, but those statements of national policy survive only with congressional support or acquiescence. Presidential announcements on foreign policy can be revoked or modified at any time by Congress. 76 Concerning emergency powers absent congressional authorization in the case of an attack, whether terrorist or hostile attack from another country, Fisher writes the following: In a genuine emergency, a President may act without congressional authority (and without express legal or constitutional authority), trusting that the circumstances are so urgent and compelling that Congress will endorse his actions and confer a legitimacy that only Congress, as the people’s representatives, can provide. If the President exercises poor judgment and usurps power, he can be impeached and removed from office. 77 Overall, a review of the proper presidential powers in the realm of foreign policymaking and international security is necessary to ensure a proper understanding of the role of the president as commander in chief and as the major representative of the country abroad. The actions of past presidents have notably expanded presidential power and authorities. Even with congressional limitations, however, the president has at times violated his proper, constitutional role. It can be noted in this review that circumstances necessitate various reactions by the president, reactions that Congress cannot foresee. While that is a fair assumption on the part of Congress, it should also be noted that congressional acquiescence of their constitutional duty to serve as a proper check on presidential powers with regards to other nations must not be lessened, all in the name of national security. Deliberate reasoning and review of the circumstances and information, and a careful consideration of Congress’ proper role in authorizing funds or military action should be taken with the utmost concern by members of Congress. Furthermore, proper consideration of the circumstances, an understanding of presidential limitations and powers concerning actions in those circumstances, and precedents – whether constitutional or congressional – must guide future presidents concerning the arena of foreign policy. A president who leads in the arena of foreign policy is proper, as long as he gains congressional sanction in his actions and policies concerning financial support and military authorization. 76 Fisher, Presidential War Power , 22. 77 Fisher, Presidential War Power , 99.