Imbalance of Powers Constitutional Interpretation and the Making of American Foreign Policy

The Vietnam War and the Watergate aftermath made it apparent that theincrease in executive power which followed World War II needed to be redressed.The efforts by Congress to do so, however, have consistently failed. Using thestruggle over power and control of American foreign policy, Silverstein detailsthe interaction of the executive, legislative, and judicial branches, and traceshow the constitutional touchstone of separation of powers has been altered. Thebook argues that although it is unrealistic to expect members of Congress orSupreme Court Justices to change their behavior, either towards the executivebranch or to each other, it is in the President's best interest to encouragetheir involvement in foreign policy decisions. Demonstrating the importance ofstudying both the legal and political process, and the ways in which theyinfluence each other, Silverstein contends that an understanding of Americanforeign policy requires an awarenes of the way in which constitutionalinterpretation shapes and constrains foreign policy decisions. The volume willbe of interest to all students of American foreign policy, constitutionalanalysis, and Government, as well as to politicians and informed readers with aninterest in contemporary politics and constitutional debate.

Gordon Silverstein is Assistant Professor of Political Science at the University of California, Berkeley.