Who makes foreign policy, and how treaties and international organizations work
Grade 12 Social Studies Worksheet
Circle the best answer.
Read this first
Article II, Section 2, clause 1 (quoted in part)
"The President shall be Commander in Chief of the Army and Navy of the United States, …" 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 T1 (made-up): A President sends troops abroad for 20 days. Congress has not declared war or passed any law about the troops.
Esme reads the texts and case T1. A President sends troops abroad for 20 days without a declaration. What do the texts alone settle?
- It is clearly unconstitutional, since just a declaration of war permits any use of force
- It is clearly allowed, since the Commander in Chief may use forces anywhere at any time
- Congress declares war and the President commands forces; short deployments are left open
- It is allowed solely if two thirds of the Senate consents, as for a treaty
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 Within 60 days the forces must be withdrawn unless Congress has declared war, enacted a specific authorization for the force, or extended the period by law; the President may add 30 days to withdraw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.
Jun reads the War Powers card and case T2. Congress has passed nothing, and 61 days have passed. What does the Resolution call for?
- Continuing, since silence from Congress counts as authorization for the forces
- Ending the use of forces, with up to 30 more days to withdraw safely
- A ruling by the Supreme Court extending the period before the forces can be pulled out
- A two-thirds vote of the Senate to extend the period, as for a treaty
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; …"
Kira reads cards K and QW. What does Korea in 1950 show about declaring war?
- The Constitution was amended so a UN resolution could replace a declaration of 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
- Forces fought without a declaration, funded later, though Article I still names Congress
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.
Luz reads cards E and QT and case T4. Why might a President use an executive agreement?
- It avoids the two-thirds Senate vote, though Congress is still told
- It needs a majority vote of the House of Representatives instead of the Senate
- It is not allowed by the Constitution, since just treaties may bind the nation
- It binds the nation in exactly the same way as a treaty
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 T6 (made-up): Only 90 senators are present for a treaty vote. The vote is held.
Noah reads Article II and case T6. Only 90 senators are present. How many yes votes pass a treaty?
- 60, which is two thirds of the 90 present
- 67, which is two thirds of the full Senate of 100
- 46, which is a majority of the 90 present
- 51, which is a majority of the full Senate, as for ordinary laws
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.
Pia reads the War Powers card. Congress does nothing for 60 days. What must the President do?
- Win a two-thirds vote of the Senate, as for a treaty, to extend the period
- Continue the operation, since Congress's silence counts as approval
- Ask the Supreme Court to extend the period for the forces
- End the use of forces, with up to 30 days more to withdraw safely
Tala reads the War Powers card. The Resolution became law over a presidential veto. What did that take?
- Two thirds of the Senate alone, since war powers belong to the Senate
- Approval by three fourths of the states, as for an amendment
- A majority of each house, since each had already passed it once
- Two thirds of each house, so it became law without the President's signature
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.
Zee reads Article I and case T9. Which power gives Congress its strongest direct check on a war it opposes?
- Order the troops home by a vote of the House of Representatives alone
- Refusing to fund it, since Congress controls appropriations for the forces
- No direct check, since the Commander in Chief controls the forces in each respect
- A declaration of peace issued by Congress, which ends the war for the President
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.
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
- No; the House must also confirm each ambassador before the President appoints
- Yes, but solely because the President is Commander in Chief of the armed forces
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 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
- The veto ends the declaration for good, since Congress cannot act on it again