Announcements

1
Announcements

• 1.  Just a reminder that the papers are due in
  class on Thursday.
• 2.  Please fill out your on-line course
  evaluations.  You should have received an email
  with instructions on how to do this.  It is a
  easy, quick process and I value your input.
• 3.  We have our room assignment for the final
  exam  Education 147, 725-925 p.m. on Friday,
  Dec 21.  I will provide details on the format of
  the exam next week.

2
In the news

• Fact and fiction on the campaign trail.
• Contempt of Congress Joshua Bolten and Harriet
  Miers on their way to the slammer?
• Huckabee and Obama surge to the lead in Iowa.
• Karl Rove memo to Obama.

3
Foreign Policy Making

• Context brief history of American foreign
  policy.
• -- Long standing tension between unilateralism
  and isolationism. In 1793, Washington issued a
  proclamation proclaiming that the U.S. would be
  neutral in the war between France and Britain,
  and that the U.S. would not come to the aid of
  any citizen who got involved. This was
  controversial -- if the president cannot declare
  war, can he declare the absence of war?
• -- Monroe Doctrine inward-looking foreign
  policy. Mexican American War.
• -- Started to change with WWI, but then return
  to isolationist policy, rejection of League of
  Nations, punitive treaty that contributed to WWII.

4
History of foreign policy, cont.

• -- WWII, clearly put the U.S. in the position of
  a world power. Other world powers were nearly
  destroyed by the war.
• -- Cold War, 1947-1989. Containment-Korea and
  Vietnam. Détente, opening with China
  negotiations with USSR.
• -- Post-Cold War, 1989-current. Economic issues
  and war on terror take center stage. U.S. as a
  declining power? Paul Kennedy great powers
  decline when they overextend. Economic pressures
  external debt and the collapsing dollar.

5
WWII deaths

• Total Pop. Deaths Pop.
• United States 131,028,000 418,500 0.32
• UK 47,760,000 450,400 0.94
• Italy 44,394,000 459,500 1.04
• France 41,700,000 562,000 1.35
• Japan 71,380,000 2,680,000 3.75
  
• China 517,568,000 20,000,000 3.86
• Indo- China 24,600,000 1,000,000
  4.07
• Romania 19,934,000 833,000 4.22
• Greece 7,222,000 311,300 4.31
• Indonesia 69,435,000 4,000,000
  5.76
• Hungary 9,129,000 580,000 6.35
• Yugoslavia 15,400,000 1,027,000
  6.67
• Germany 69,623,000 7,503,000
  10.77
• Latvia 1,995,000 227,000 11.38
• Soviet Union 175,500,000 23,600,000
  13.44
• Lithuania 2,575,000 353,000 13.71
• Poland 27,007,000 5,000,000
  18.51

6
Constitution and War Powers

• Constitution gives Congress the power to
• declare war
• raise and support armies and navies
• to define and punish piracies and felonies
  committed on the high seas, and offences against
  the law of nations.
• To make rules concerning capture on land and
  water.
• To make rules for the government and regulation
  of the land and naval forces.
• To provide for calling for the militia to execute
  the laws of the Union, suppress insurrections,
  and repel invasions.
• To provide for organizing, arming, and
  disciplining the militia.
• President is commander in chief.

7
War powers, cont.

• Intent of Framers is very clear
• giving power to declare war to Congress designed
  to take the power away from any individual
• original language said make war, but changed to
  declare because Congress wasnt as able to
  oversee the day-to-day conduct of the war. Also
  recognized that the president needed the power to
  repel sudden attacks.
• Rejection of royal prerogative of war making
  quotes from the Constitutional convention.
• Presidents have initiated military action
  hundreds of times over history.

8
Presidential uses of force

• Only five congressionally authorized wars War
  of 1812, Civil War, Spanish American War, WWI,
  WWII, Persian Gulf War
• Cases of unauthorized use of force
• Korea
• Vietnam (sort of)
• Grenada (1983)
• Panama (1989)
• Persian Gulf (1993, 1998, 1999)
• Iraq (sort of, current)
• list goes on

9
Congressional response

• Congressional reaction to Vietnam, Nixons
  imperial presidency, and erosion of
  congressional war power
• Nixon expanded U.S. attacks into Cambodia in
  1970, despite congressional restriction that
  specified that the U.S. was not committed to its
  defense
• 1971 appropriations language stating that the
  U.S. should end military operations at the
  earliest practicable date
• Congress passed the War Powers Act in 1973
  requires president to consult in every possible
  instance before sending troops into combat
• limits use of troops to 60 days (with a 30 day
  extension), unless Congress approves the
  deployment.

10
War Powers Act, cont.

• In the absence of a declaration of war, in any
  case in which U.S. armed forces are introduced. .
  . The President shall submit within 48 hours a
  report detailing the circumstances, authority,
  and scope of deployment.
• Consensus that the law is probably
  unconstitutional, although it has never been
  tested in court. Presidents go along with the
  reporting requirements.
• No court likely to intervene in this dispute
  political question.
• Conclusive evidence that it has had no effect on
  presidential commitments.
• Current deadlock between Congress and Bush on
  Iraq funding.

11
Court cases

• Flying fish case (Little v. Barreme, 1804).
• Lincoln and the Civil war, Prize Cases (1862).
  Upheld Lincolns blockade of southern ports.
• U.S. v. Curtiss Wright (1936)
• President, acting pursuant to legislative
  authority, imposed an embargo on arms shipments
  to Paraguay and Uruguay during the Chaco War.
  Did Congress overstep its constitutional powers
  by granting legislative powers to the president?
• President has powers in foreign affairs, and
  certain extra constitutional powers, that would
  not be recognized in domestic politics. The
  President alone has the power to speak or listen
  as a representative of the nation.
• criticized as historically inaccurate and poorly
  reasoned, but often cited as support for
  presidential initiative.

12
Court cases, cont.

• Korematsu v. U.S. (1944)
• Internment of 110,000 Japanese
  Americans (mostly citizens) upheld as valid
  exercise of military discretion (by an Executive
  Order and authorized by Congress). Dissent held
  that it was an obvious violation of the 5th and
  14th amendments, since the exclusion was based on
  group membership, not any specific
  investigations. Paid reparations totaling 1.2
  billion dollars, as well as an additional 400
  million in benefits in 1992.

13
Court cases, cont.

• Youngstown Sheet and Tube v. Sawyer (1952).
  Truman overstepped his bounds in ordering
  Secretary of Commerce to take control of steel
  mills. Claimed inherent, emergency powers, Court
  rejected this saying that he President had no
  power to act except in those cases expressly or
  implicitly authorized by the Constitution or an
  act of Congress.
• Hamdan v. Rumsfeld (2006) the Court held that
  military commissions set up by the Bush
  administration to try detainees at Guantanamo Bay
  lack "the power to proceed because its structures
  and procedures violate both the Uniform Code of
  Military Justice and the four Geneva Conventions
  signed in 1949. Current appeal of this case and
  Congresss response The Detainee Treatment Act
  of 2005 and Military Commissions Act of 2006
  (latter also covered pending cases). Removed
  federal court jurisdiction over these cases.

14
The Two Presidencies

• Influence of the president over foreign policy
• Aaron Wildavsky President has many advantages
  in foreign policy that he does not have in
  Domestic policy. Institutional power is greater,
  opponents are weaker, context of FP is different
  (stakes are higher), public trusts the president
  more in foreign policy.
• How to measure? Success rate of getting
  presidents agenda through Congress.

15
The Two Presidencies, cont.

• Critiques and extensions of the two presidencies
  idea.
• Peppers Intermestic issues combination of
  domestic and foreign policy.
• Shull and LeLoup finer distinctions
  different areas of domestic policy and high
  diplomacy, crisis decision making, and defense
  policy for foreign policy.
• Segilman major and minor issues
• The Two Presidencies Process. Not just
  Congress.
• The public is it trust, or lack of interest?
• The bureaucracy does it behave differently in
  foreign policy making?

16
Foreign Policy Making, cont.

• Pathologies of foreign policy decision making
• Policy advice
• Information flow related to the type of
  advising process
• Groupthink loss of mental efficiency, sense
  of reality, and moral judgment. Comes from too
  much cohesiveness, isolation of the decision
  makers, and failure to consider alternative
  points of view. The paradox of cohesiveness
  need some, but not too much.
• Implementation things can go wrong at this
  stage as well.

17
Alternative decision making models

• Rational actor familiar from our earlier
  discussion of the rational approach.
• Organizational process factored problems, SOPs,
  sequential search (satisficing), organizational
  goals.
• Bureaucratic politics decision making as an
  exercise in bargaining. Choices made not because
  they are the best, but because they can be agreed
  upon.
• Applying the framework
• Cuban Missile Crisis
• Iraq
• Evaluating decisions good process can lead to
  bad outcomes.