ABSTRACT
In writing the American Constitution, the Founding Fathers intentionally overlapped the duties and functions of Congress and the president in foreign affairs. Congress was reluctant to take the lead role in determining American policy. The president remained the foremost power in American foreign policy—a role which would take on extraordinary dimensions in the decades to come. The unity of purpose in foreign policy was cemented by the recognition of a clear and common enemy: communism, embodied primarily in the Soviet Union, though China would become another nemesis. Post-war confidence in the necessity of strong presidential leadership had allowed the powers of the presidency to get out of control. The imperial president needed to be checked. Congress set out to regain its position as a partner in foreign policy. Over the course of American history, some of the questions concerning the institutional balance in foreign policy have been addressed by the courts.
