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Foreign Relations, Strategic Doctrine and Presidential Power

36 Pages Posted: 30 Apr 2012  

David Gartner

Arizona State University - Sandra Day O'Connor College of Law

Date Written: April 28, 2012

Abstract

There is a central debate in foreign relations law between scholars who argue that the President inherited great power from the founding and those who contend that only after World War II was there a significant shift in the balance of powers over foreign relations. This Article highlights a third perspective by focusing on the significance of presidential assertions of power during the decade after the Spanish-American War. In this period, presidents asserted unprecedented power to dispatch the armed forces of the United States into foreign conflicts and to independently enter into binding international agreements without the participation of Congress. The Article concludes that shifting international relations, shaped by strategic foreign policy doctrine, have been central drivers of presidential assertions of authority over foreign relations.

Suggested Citation

Gartner, David, Foreign Relations, Strategic Doctrine and Presidential Power (April 28, 2012). Alabama Law Review, Vol. 63, No. 3, p. 499, 2012. Available at SSRN: https://ssrn.com/abstract=2047599

David Gartner (Contact Author)

Arizona State University - Sandra Day O'Connor College of Law ( email )

1100 S. McAllister Ave.
PO Box 877906
Tempe, AZ 85287
United States

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