David Gray Adler
There is no comprehensive grant of a foreign affairs authority in the U.S. Constitution. Rather, the constitutional text carefully enumerates and allocates to the three branches of government a series of specific foreign relations powers, responsibilities, and duties. The relatively lean text, and the fact that it omits mention of particular powers, has no doubt contributed to the constitutional tension, controversy, and occasional crises that have marked American foreign affairs. Nevertheless the Constitution vests in Congress the bulk of the nation's foreign policy powers, a design which assigns to Congress senior status in a partnership with the president for the formulation, management, and conduct of U.S. foreign policy. The constitutional blueprint for foreign relations reflects the Constitutional Convention's conspicuous penchant for collective decision making and its fear of unilateral executive power.
This arrangement, however, has been over-whelmed in the post–Cold War era by sweeping assertions of unilateral presidential power that have laid the basis for a presidential monopoly over foreign affairs and advanced a conception of executive authority so capacious that it has produced a wide gulf between constitutional principle and governmental practice. To understand the constitutional allocation of foreign relations powers, it is necessary to examine the Constitution—the text, its design, the intentions of its Framers, and its history.