1. Warm-Up
1. Which of the flaws we discussed about the electoral college do you find the most concerning? Why?
2. How should we elect the POTUS? Why did you pick that way?

2. Diplomatic and Military Powers

3. The Power to Make Treaties
Formal agreement between 2+ sovereign nations
Senate must confirm treaty w/ 2/3 vote
Treaties have same legal standing as acts passed by Congress
A treaty can become invalid if a law passed is contrary to its conditions
SCOTUS has never found treaty provision to be unconstitutional

4. Executive Agreements Pact between POTUS and another head of state
DO NOT require Senate consent
Most are result of existing laws or treaties
Lend-Lease policy during WWII before Pearl Harbor

5. The Power of Recognition
POTUS acknowledges legal existence of a country
Can be used as a tool of diplomacy
Quick acknowledgement and aid to state of Israel aided its survival
Persona non grata when POTUS asks foreign nation to pull its ambassador out of U.S.
Withdrawal of recognition sharpest diplomatic rebuke, often leads to war
U.S. has had unofficial relations with Taiwan since acknowledgement of China

6. Commander in Chief Powers almost without limit
Delegate much of command to military, don’t have to
Lincoln commanded in field during Civil War
Presidents have used armed forces abroad w/o asking Congress for declaration
Korean and Vietnam Wars

7. Congressional Resolutions
Congress has not declared war since WWII…
Has 8 times since authorized President to use military force to deal with crisis by enacting joint resolutions
2001 gave President Bush authority to use military force against 9/11 attackers
Instances when Congress did not give authorization include Korean War, invasion of Panama in 1989, dispatch of troops to Kosovo (1995, 1999)

8. War Powers Resolution
Passed by Congress (1973) in response to Vietnam War
Vetoed by Nixon, veto overridden by Congress:
Within 48 hours of committing American troops abroad, POTUS must report to Congress
Commitment of American troops must end within 60 days unless Congress agrees to extend
Congress may end combat commitment at any time by passing a resolution