Monday, December 3, 2018

From Lawfare: The Anniversary of the Monroe Doctrine

The power of a president to threaten - not wage - war is at issue here.

- Click here for the article.

Monroe’s proclamation is a momentous example of the president’s vast constitutional power to set and communicate U.S. foreign policy. This was not just any kind of diplomatic policy, however.

This was drawing a red line—with an implicit war threat—even though the United States at the time lacked the military power to back it up. The United States was counting on Britain, which too wanted to keep continental European powers out of Latin America, to also intervene if necessary. “In its sweep and bravado,” writes Kori Schake in “Safe Passage: The Transition from British to American Hegemony,” “the Monroe Doctrine has few equals, especially since it was promulgated by a country that was not the peer of the states—Britain, France, and Spain—whose activity it sought to curtail.” The real strategic brains behind this move was then-Secretary of State John Quincy Adams, and for more on his role I highly recommend Charles Edel’s book, “Nation Builder: John Quincy Adams and the Grand Strategy of the Republic.”

The late legal historian David Currie noted in his volumes on the Constitution in Congress that “[v]irtually no one questioned [Monroe’s proclamation] at the time. Yet it posed a constitutional difficulty of the first importance.” The president was unilaterally committing the nation to war if European states crossed Monroe’s red lines, but it was Congress’s sole prerogative to initiate war. By putting U.S. prestige and credibility on the line, his threat limited Congress’s practical freedom of action if European powers chose to intervene. When he succeeded Monroe as president, Adams faced complaints from opposition members of Congress that Monroe’s proclamation had exceeded his constitutional authority and had usurped Congress’s power by committing the United States—even in a nonbinding way—to resisting European meddling in the hemisphere.

Related from the same author:

The Power to Threaten War.

Existing legal scholarship about constitutional war powers focuses overwhelmingly on the President's power to initiate military operations abroad and the extent to which that power is constrained by Congress. It ignores the allocation of legal power to threaten military force or war, even though threats – to coerce or deter enemies and to reassure allies – is one of the most important ways in which the United States government wields its military might. This paper fills that scholarly void, and draws on recent political science and historical scholarship to construct a richer and more accurate account of the modern presidency's powers to shape American security policy and strategy.