Who makes foreign policy, and how treaties and international organizations work

Grade 12 Social Studies Worksheet

Circle the best answer.

1. Read this first

   War Powers Resolution of 1973 (our words)

   Within 48 hours of sending armed forces into hostilities, the President must report to Congress. Within 60 days the forces must be withdrawn unless Congress has declared war, enacted a specific authorization for the force, or extended the period by law; the President may add 30 days to withdraw safely. The Resolution became law over a presidential veto. Section 5(c) adds that the forces shall be removed if Congress so directs by concurrent resolution, which both houses pass but which does not go to the President. Case T2 (made-up): A President has kept armed forces in hostilities for 61 days. Congress has passed nothing about them.

2. 1.

   Jun reads the War Powers card and case T2. Congress has passed nothing, and 61 days have passed. What does the Resolution call for?

   • Ending the use of forces, with up to 30 more days to withdraw safely
   • Continuing, since silence from Congress counts as authorization for the forces
   • A two-thirds vote of the Senate to extend the period, as for a treaty
   • A ruling by the Supreme Court extending the period before the forces can be pulled out

3. Korea, 1950 (our words)

   In June 1950 President Truman ordered US forces to help South Korea after a UN Security Council resolution. Congress had not declared war. Congress later voted money for the effort. Article I, Section 8 (quoted in part): "The Congress shall have Power … To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; …"

4. 2.

   Kira reads cards K and QW. What does Korea in 1950 show about declaring war?

   • A UN Security Council resolution replaced the war power of Congress permanently
   • Congress's later funding was itself a declaration of war, so the text was followed
   • The Constitution was amended so a UN resolution could replace a declaration of war
   • Forces fought without a declaration, funded later, though Article I still names Congress

5. Executive agreements (our words)

   An executive agreement is made by the President with another country without a two-thirds vote of the Senate. Some are made under a law passed by Congress, and some rest on the President's own powers. A law of 1972 requires that Congress be told of them soon after they are made. Article II, Section 2, clause 2 (quoted in part): "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, …" Case T4 (made-up): A President wants to make an agreement with another country but doubts that two thirds of the Senate will vote for it.

6. 3.

   Luz reads cards E and QT and case T4. Why might a President use an executive agreement?

   • It needs a majority vote of the House of Representatives instead of the Senate
   • It binds the nation in exactly the same way as a treaty
   • It avoids the two-thirds Senate vote, though Congress is still told
   • It is not allowed by the Constitution, since just treaties may bind the nation

7. Article VI (quoted in part)

   "… all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Case T5 (made-up): A valid treaty clashes with an earlier Linden law about fishing rights.

8. 4.

   Milo reads Article VI and case T5. A valid treaty clashes with an earlier Linden law on fishing rights. Which controls?

   • The treaty, as part of the supreme law of the land
   • Whichever is newer, since a newer law automatically replaces an older one
   • The treaty solely if the Senate approved it unanimously, and not otherwise
   • The Linden law, since states keep powers not delegated to the nation

9. War Powers Resolution of 1973 (our words)

   Within 48 hours of sending armed forces into hostilities, the President must report to Congress. Within 60 days the forces must be withdrawn unless Congress has declared war, enacted a specific authorization for the force, or extended the period by law; the President may add 30 days to withdraw safely. The Resolution became law over a presidential veto. Section 5(c) adds that the forces shall be removed if Congress so directs by concurrent resolution, which both houses pass but which does not go to the President.

10. 5.

    Pia reads the War Powers card. Congress does nothing for 60 days. What must the President do?

    • End the use of forces, with up to 30 days more to withdraw safely
    • Continue the operation, since Congress's silence counts as approval
    • Win a two-thirds vote of the Senate, as for a treaty, to extend the period
    • Ask the Supreme Court to extend the period for the forces
11. 6.

    Tala reads the War Powers card. The Resolution became law over a presidential veto. What did that take?

    • Approval by three fourths of the states, as for an amendment
    • Two thirds of each house, so it became law without the President's signature
    • Two thirds of the Senate alone, since war powers belong to the Senate
    • A majority of each house, since each had already passed it once

12. Article I, Section 8 (quoted in part)

    "The Congress shall have Power … To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; …" Case T9 (made-up): Congress opposes a war that the President is directing, and wants to bring it to an end.

13. 7.

    Zee reads Article I and case T9. Which power gives Congress its strongest direct check on a war it opposes?

    • No direct check, since the Commander in Chief controls the forces in each respect
    • Refusing to fund it, since Congress controls appropriations for the forces
    • A declaration of peace issued by Congress, which ends the war for the President
    • Order the troops home by a vote of the House of Representatives alone

14. Article II, Section 2, clause 2 (quoted in part)

    "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, …" Case T10 (made-up): The Senate consents to an ambassador by a vote of 54 to 46.

15. 8.

    Ren reads Article II and case T10. The Senate consents to an ambassador, 54 to 46. Is that enough?

    • Yes; ambassadors need only a majority of the Senate
    • No; two thirds are needed, as for treaties, so 54 votes fall short
    • Yes, but solely because the President is Commander in Chief of the armed forces
    • No; the House must also confirm each ambassador before the President appoints
16. 9.

    Both houses pass a declaration of war by a majority. The President disagrees and vetoes it. Ari reads case T11. A declaration of war passes both houses by majorities, and the President vetoes it. What follows?

    • The veto ends the declaration for good, since Congress cannot act on it again
    • The declaration takes effect, since declaring war is a power of Congress alone, whatever the President says
    • Congress must override by two thirds of each house, since a declaration is presented like a bill
    • The Senate alone decides, as with treaties, so it may approve or reject the veto on its own authority

17. Article II, Section 3 (quoted in part)

    "… he shall receive Ambassadors and other public Ministers; …" Case T12 (made-up): The President decides to receive the ambassador of a new foreign government, and so treats that government as the nation's ruler.

18. 10.

    Bo reads the Article II clause and case T12. Which text best supports the President's step?

    • Article II, Section 2: treaties need two thirds of the Senate, so the Senate must agree
    • Article II, Section 2: the Commander in Chief may recognize any government by force
    • Article I: Congress regulates commerce with foreign nations, which includes who rules them
    • Article II, Section 3: the President shall receive ambassadors and other public ministers