ABSTRACT

The scope of the national power over war and foreign affairs has also raised constitutional questions. One factor is the nonjusticiability of many questions involving war and foreign affairs under the political-questions doctrine. The most important sources of constitutional law relating to war and foreign affairs have been the executive and legislative branches. Interpretations of the war and foreign affairs powers typically have emerged through political interaction between the president and Congress. Some critics have charged that the War Powers Resolution infringes on presidential authority and undermines the conduct of foreign policy. The Framers of the Constitution sought to design a system of government that could respond successfully to crises of war and foreign affairs. The conduct of foreign affairs is preeminently a federal, rather than a state, concern. The Supreme Court has recognized that the exercise of national powers in foreign affairs supersedes state prerogatives.