ABSTRACT
The ability to create a policy process which works, one which allows policy formulation to proceed in a constructive manner despite policy disagreements, relies on the selection of the proper statutory tools. The tools are available to create an incentive structure in which both parties see their interests served by consultation and compromise. Conflict between the branches is not inherently bad. The sense that Congress has been left out of the policy process is a major contributor to the fray. There are, of course, fundamental disagreements concerning the substance of policy, but these are often so basic that foreign governments refuse to compromise in what they see as capitulation to their adversaries. Arab governments’ refusals to recognize and negotiate with Israel under UN resolutions 242 and 338 are cases in point. Recommendations for reform must focus on the policy process rather than policy outcomes.
