1. FOREIGN POLICY AND CONGRESS November 24, 2011

2. Exercise Formulate 2 research questions that might be derived from today’s readings.

3. Lindsay: New Institutionalism Argues that scholars should apply the insights derived from the institutionalist ways of thinking about Congress’s power over domestic policy to the realm of foreign policy. While there are differences between the foreign and domestic policy realms, the assumption is that Congress may operate in the foreign policy realm in ways similar to how it operates in the domestic policy realm. This observation also implies that the power relations between Congress and the president may more closely resemble those in the domestic realm than was previously thought.

4. Institutionalism  An institutional emphasis means looking at how Congress influences policies by more than its attempt to dictate the content of policy through legislation.  This means looking at how Congress attempts to control how policy is made in the executive branch, particularly in how it attempts to retain overall control over the policy discretion it delegates to the executive and how it attempts to inject itself into what might otherwise be purely executive processes of policymaking.

5. Incentives Congress has incentives to involve itself in policy formation due to  Constituent interest that is related to the desire to be reelected  Responsibilities that come from having particular powers and the desire to exercise those in the name of good policy Thus assumes the motivations for Congressional involvement are much the same as those in the domestic policymaking sphere.

6. Procedural Innovations  Create new entities in existing organizations to perform particular tasks that have policy implications  Legislative veto: delegate authority to set policy but insert waiting provision and power of Congress to disapprove a policy decision  Insert outside groups, such as private advisory bodies, into policymaking process.  Insert substantive provisos on the content of decisions that can be made  Insert reporting requirements:  Notification if a decision is made  Periodic reports on progress and activity  One time reports

7. Results  Mixed. New agencies not always effective, outside groups can be cut out of process, reporting requirements can be ignored or information provided false or misleading, substantive privisos can be ignored.  However, often these do work as they have been planned, particularly the delay and notification instruments.  Can also work indirectly, mostly by administrations attempting to head off problems, backchannel influence.

8. Variables These mechanisms are less effective when:  Executive preferences are strong  The cost of monitoring compliance and general behavior is high  The cost of punishing non-compliance is high

9. Lindsay: Why the Hill Matters While it is true that Congress is less important in foreign policy matters than is the president, that is not equivalent to the conclusion that Congress is not important in the sense of having no influence on foreign policy. It possess both the power and incentives to wield influence. Therefore it is useful to understand how it does wield influence

10. Methods By Which Congress Influences Foreign Policy  Legislation Congress does on occasion make substantive policy decisions by way of legislation– arms control, policy in Central America in the 1980s are examples. But generally does not:  Presidential advantage in terms of speed, decisiveness, unity.  Reluctance of Courts to become involved if executive ignores legislation  Congress is slow, rigid, public, thus making legislation a poor instrument of policymaking in this arena.

11. Congressional Methods  Influence through anticipated reactions  Threats to legislate or hold hearings  Attempts to avoid legislative vetoes These are instruments that are best suited to preventing particular kinds of actions (presidents remove offending parts of policies) rather than influencing presidents to act positively by instituting certain types of policies.  Structures and procedures: covered in previous article

12. Congressional Methods  Grandstanding Use of media, public statements, hearings to take a position and force action  Focuses attention on an issue  Mobilize opposition or support for a policy position  Support lower level bureaucrats who oppose upper level administration officials  Send signals to friendly or unfriendly countries

13. Reasons for Increasing Congressional Interest in Foreign Policy  Developing overlap between domestic and foreign policy  Increasing constituent interest  Increasing costs of overseas commitments

14. Meernik and Oldmixon: Internationalism in Congress  What influences Congress to provide bipartisan support for a president’s activist foreign policy? General observations:  Presidents are generally inclined to undertake an activist policy because they are generally concerned with security issues and US place in the world.  Congress is generally less inclined to want an activist policy, thus acting as a brake to the president’s accelerator  Division of powers creates the setting for disputes.

15. Reasons for Congress’s Attitude  Congress is more concerned with domestic and local issues than is the president  Voters are interested in economic issues that affect their lives  Thus Congress, focused as they are on local and domestic issues in the context of more frequent need to run for reelection, are focused on domestic issues and link those issues to foreign policy when they appear relevant, and in particular are concerned with the economic and financial implications of foreign policy.  Thus foreign policy is generally seen through a lens of domestic policy and reelection concerns  However, it could be the case that external threats may make foreign policy domestically relevant and affect Congress’s attitude towards internationalism and activist foreign policies.

16. Possible Factors Affecting Congressional Support for Activist Policies Want to test this hypothesis, so check a variety of variables to see whether they help predict bipartisan support  Threats Various threats will concentrate attention on foreign policy and possibly lead to greater support for activist policies  Threat levels  Wars  Use of military short of war  Domestic Economic Factors  Inflation  Unemployment  Presidential popularity Low or high

17. Methodology  Examine roll call votes on all legislation dealing with foreign and security policy  Foreign aid  International organizations  Deployment of military abroad  Types of Internationalism  Cooperative  Military

18. Results  More bipartisan support for president on these issues in Senate than House  More bipartisan support in both houses for military activist policies than cooperative activist policies, though both less than 50% (and House in 30s)  Bad economic conditions have a negative effect on bipartisanship in general  Unemployment has a more consistently negative effect on both types of activist policies  Inflation important for cooperative but not military activist policies

19. General Results  Support for military activist policies not much affected by economic conditions– insofar as rally around the flag occurs, it occurs independently of economic factors  Presidential popularity is important for military policies and is more important than economic factors in general (Implications?)  The external factors, including threats, war, etc., are not as important as economic factors and are generally inconsistent

20. Conclusions  In ordinary times, many members of Congress see activist foreign policies as competing with economic commitments and issues and are resistant to giving president bipartisan support for non-military policies that carry economic and financial implications (Implications?)  But events like 9/11, by making security a domestic issue, might change the way Congressmen operate.

21. Meernick: Bipartisanship Contests the McCormick and Wittkopf contention that Vietnam did not mark a breaking point in levels of bipartisan support for presidents in foreign policy realm.  Methodology:  Roll call votes on all matters involving foreign policy  Assumptions Regarding Bipartisanship: Agreement of both parties and between both branches Created by circumstances in which domestic differences are put aside or muted Entails agreement on substance of policy and on process by which the policies are to be made.

22. Possible Factors  Rally around the flag phenomenon  Cold War Consensus—positive for bipartisanship  Korea and Vietnam– negative for bipartisanship  Internal factors:  Presence or absence of issues of high salience to Congress, such as economic or financial issues (low +, high -)  Republican minority during Democratic Presidency ( -)  Amendment votes (-)  Treaty votes (+)  Presidential Influence factors  President opposes a bill (-)  President approval rating (high +, low -)

23. Results House

24. Results Senate

25. Conclusions  Lesser likelihood of bipartisanship before Vietnam than afterwards, with conflict after that war occurring more often and being deeper and more public  Prospects for bipartisanship in the future are small absent compelling threat  Domestic differences  Need for Congress to appeal to important constituencies  Incentives for opposition to criticize weak presidents.