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Both the president and Congress have some exclusive foreign policy powers, while others are shared or not explicitly assigned by the Constitution. President Trump’s foreign policy proposals may spur Congress into taking a more active role than it has in recent years, writes political science professor Stephen R. Weissman in Foreign Affairs. Presidents have accumulated foreign policy powers at the expense of Congress in recent years, particularly since the 9/11 attacks. The judicial branch is limited in how much it can arbitrate constitutional disputes over foreign policy, and it is often reluctant to. Article I of the Constitution enumerates several of Congress’s foreign affairs powers, including those to “regulate commerce with foreign nations,” “declare war,” “raise and support armies,” “provide and maintain a navy,” and “make rules for the government and regulation of the land and naval forces.” The Constitution also makes two of the president’s foreign affairs powers—making treaties and appointing diplomats—dependent on Senate approval.
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