With respect to a brother who supports Trump, there are a few legal opinions that I didn’t mention in the article.
The Curtiss-Wright Export Corp. case was criticized in Zivotofsky v. Kerry (2015) “This description of the President’s exclusive power was not necessary to the holding of Curtiss-Wright—which, after all, dealt with congressionally authorized action, not a unilateral Presidential determination. Indeed, Curtiss-Wright did not hold that the President is free from Congress’ lawmaking power in the field of international relations. The President does have a unique role in communicating with foreign governments, as then-Congressman John Marshall acknowledged. See 10 Annals of Cong. 613 (1800) (cited in Curtiss-Wright, supra, at 319). But whether the realm is foreign or domestic, it is still the Legislative Branch, not the Executive Branch, that makes the law.”
The opinion continued “In a world that is ever more compressed and interdependent, it is essential the congressional role in foreign affairs be understood and respected. For it is Congress that makes laws, and in countless ways its laws will and should shape the Nation’s course. The Executive is not free from the ordinary controls and checks of Congress merely because foreign affairs are at issue. See, e.g., Medellín v. Texas, 552 U. S. 491, 523-532 (2008); Youngstown, 343 U. S., at 589; Little v. Barreme, 2 Cranch 170, 177-179 (1804); Glennon, Two Views of Presidential Foreign Affairs Power: Little v. Barreme or Curtiss-Wright? 13 Yale J. Int’l L. 5, 19-20 (1988); cf. Dames & Moore v. Regan, 453 U. S. 654, 680-681 (1981). It is not for the President alone to determine the whole content of the Nation’s foreign policy.” Zivotofsky v. Kerry (2015)
It’s my job to look at both sides and figure out a legal strategy so that Trump wins and the progressives don’t. MAGA
Thanks for the clarification, my Trump-supporting brother. And I understand the legal opinions and so forth.
My only point was that constitutionally speaking, domestic and foreign policymaking are shared responsibilities in which both the Legislative and Executive branches have roles. My point was that a president can and does have more practical authority when it comes to domestic policymaking because of the vast reach of the federal bureaucracy.
Court cases aside, one has to bring a case and then win it in order to deny a president said authority. That’s often a high hurdle.
But thanks for responding. #MAGA