Diplomatic Military Powers
Chief DiplomatAlthough the Constitution does not give the the status of Chief Diplomat to the President, two presidential powers play a key role. The President is the commander in chief if the nation's armed forces, and he usually negotiates treaties with foreign nations.
Treaties and the U.S. SenateTreaties have the same legal status as an act of Congress and Congress can repeal a treaty by passing a law that nullifies its provisions. An existing law can be repealed by the terms of a treaty, but a treaty cannot conflict with any part of the Constitution. If a treaty and a federal law conflict, however, the most recent passed measure wins. A two-thirds vote of the senate must approve all treaties before they go into effect. This is one of the main reasons why the senate has such an important role in shaping U.S. foreign policy. Presidents can make executive agreements without senate approval, but these cannot override a law.
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Power of RecognitionWhen the President receives the diplomatic representatives of another sovereign state, the President exercises the power of recognition. Countries usually recognize each other by exchanging diplomatic representatives. Out of political necessity, the U.S. recognizes some nations whose conduct it does not agree with.
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Commander in ChiefAlthough Presidents delegate many command decisions to military officers, they make the most critical decisions and have authority to take command in the battle field. Since President is commander in chief, it is very difficult for Congress to challenge many presidential command decisions. Only congress can declare war, but many U.S. presidents have sent armed forces into combat without a declaration of war, and congress has not declared war itself since World War II.
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