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Imperial from the BeginningThe Constitution of the Original Executive$
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Saikrishna Bangalore Prakash

Print publication date: 2015

Print ISBN-13: 9780300194562

Published to Yale Scholarship Online: September 2015

DOI: 10.12987/yale/9780300194562.001.0001

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The “Transaction of Business with Foreign Nations Is Executive Altogether”

The “Transaction of Business with Foreign Nations Is Executive Altogether”

(p.110) Chapter Six The “Transaction of Business with Foreign Nations Is Executive Altogether”
Imperial from the Beginning

Saikrishna Bangalore Prakash

Yale University Press

This chapter argues that authority of the president over foreign affairs arises from the grant of the executive power and not from foreign relations clauses found in the remainder of Article II of the US Constitution. The president's abilities to formulate and announce generic foreign policy, control U.S. diplomats, and expel foreign diplomats came from The Executive Power Clause—the power of the president to execute the law. While the president may, in general, exercise those foreign affairs powers not granted to the Congress or shared with the Senate, he lacks a broad foreign affairs lawmaking authority under Article II. The president's legislative role is limited to the duty to make legislative proposals, the power to make treaties, and the power to veto bills.

Keywords:   executive power, president, U.S. diplomats, The Executive Power Clause, foreign affairs powers, Congress, foreign relations, U.S Constitution, Article II

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