Title: United States. National War College. Course 3, Syllabus - Topic 2: The Constitutional Framework: Separate Branches Sharing Powers
TOPIC 2: THE CONSTITUTIONAL FRAMEWORK: SEPARATE BRANCHES SHARING POWERS
Lecture
Seminar
The Constitutional design of separate institutions sharing powers has often resulted in tension between the executive and legislative branches of government in areas of national security.
The Framers of the Constitution intended to avoid both the potential anarchy resulting from a weak central government and the tyranny of an unrestrained executive. They knew the threat of each from practical experience. The resulting framework provided stability and continuity of government, but at the price of delay, divisiveness, political posturing, factionalism, and the perception of paralyzed government.
The Constitution enumerates specific national security powers of Congress in Article I, Section 8, whereas those of the President are more generally stated in Article II.
Topic Objectives.
- To analyze how the Constitution divides and shares power among the branches of government, and to assess the impact of shared powers on the decision process.
- To understand the Constitutional sources of current disputes over the powers and prerogatives of the President and Congress.
Questions For Consideration.
- What are the Constitutional bases for the rivalry between the legislative branch and the executive branch?
- Is it clear which branch of government was to have primacy over foreign affairs and national security policy? What is the evidence?
- Is power sharing a positive or negative factor in national security decision making?
- Is it an asset or a liability that the United States has a 211 year old Constitution?
Required Readings.
* U.S. Constitution. (Reprint)
* Christopher Collier and James Lincoln Collier, Decision in Philadelphia: The Constitutional Convention of 1787 (New York: Random House, 1986), chs 5, 17, and 21. (Student Issue)
* Michael L. Mezey, Congress, the President and Public Policy (Boulder, CO: Westview Press, 1989), pp. 21-46. (Reprint)
* The Federalist Papers, Number 85. (Student Issue)
