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The Brazilian anti- presidentialism regime

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More than a hundred days have passed since the inauguration of the sixth elected President of the re democratization period in Brazil, Mr. Jair Bolsonaro. Time enough to observe that a few words of this first sentence appear not to fit together in the current governmental term, namely, “President”, “redemocratization”, and “Jair Bolsonaro”. In this brief article, I explain how those words are being settled apart, through an overview of what has been at the center of media and academic debates. Then, I show what has been the most problematic aspect of those debates, and how they are, consequently, reinforcing the Government’s strategy of resignifying Brazil’s history and reality. Finally, I define what I have termed anti-presidentialist regime, erected upon such strategy which, I argue, is the concluding part of the project presented to the population by the Legislative and Judiciary in 2016, with Dilma Rousseff`s impeachment. My intention here is not to assemble what several political scientists, journalists, economists, and also the political opposition have been expressing to the local and international presses. Instead, I aim to make sense of a broader change regarding the way Brazilians became to recognize themselves: how is such a shift taking place, who is it favoring, and what is the likely outcome?

At first, it is paramount to understand what Mr. Jair Bolsonaro is. He is more a “something” than a “somebody”, and I explain this point: Bolsonaro has made his path as a Congressman as a means through which to assure to his family and his surrounding community of friends and employees safe positions in politics. He is an instrument toward such goal and had succeeded. This becomes clear when one analyses his performance over near thirty years in the House of Representatives: polemic discourses in plenaries; offensive statements directed against homosexuals and women Deputies; a poor record of accepted propositions by his peers (two projects); and a wide range of ideas and proposals oriented to militaries – 53% out of the total, although none was approved in the House. While such performance appears to be low, it happened to be enough for assuring a loyal part of the electorate who had constructed a reliable identification with his “authentic and spontaneous” way of talking.

After his premature retirement from the Army with a granted military patent of captain, the politics turned out to be a space of opportunities to safeguard the economic future of his people. Aware of being a kind of “spokesperson” of the conservative strand of the society that, by this time (the 2000s), was enclosed in itself, Bolsonaro would escalate his style and convert it into a “label”. Although not yet taken seriously by many in the House and within the society, one of his sons was elected Councilor of Rio de Janeiro in 2000 with seventeen years old, under the minimum lega lage to assume the position, replacing his mother, Mrs. Rogéria Bolsonaro. Not by chance, this was the son who most quickly understood and reproduced the label: still a teenager, Carlos Bolsonaro held an active discourse in favor of the civilian armament and the reduction of the criminal age in his campaign. The Brazilian media evaluates that, currently, he is the one who has the most influence over the President – what was underpinned by the unexpected dismissal of Mr. Gustavo Bebbiano, the then Ministry of the General Secretariat of the Presidency and the President of Bolsonaro’s political party, the Social Liberal Party. Bolsonaro announced Bebbiano’s removal from office in 18th February, after an episode of disagreements with Carlos concerning a supposed WhatsApp (mis)communication between Bebbiano and Bolsonaro. It is argued that the event in itself might not have rendered Bebbiano’s dismissal if he wouldn’t have been in continuous disagreements with Carlos since the government’s transitional period.

Nowadays, we have Bolsonaro’s three sons occupying positions in the Legislative, throughout different federal spheres (National Congress and City Hall), and none of them is in the first mandate1. Therefore, we have a political clan, i.e., an instance of informal nepotism. Naturally, alongside the core of the clan constituted by the father and sons, there is an extensive network of collaborators, friends, and supporters that has been consolidated over the years. They might recognize themselves as part of a large family, but the core is tight and well defined. If there is something clear so far within the Government is that: how many more raise opposition to the core, how many more may fall out, either removed or resigned. Bolsonaro is then not a politician in the strict sense of acting towards the common good within the public sphere, seeking the most prepared ones to tackle the tasks. Besides the episode encompassing Bebbiano and his second son Carlos, we are collecting demonstrations of how the hierarchy of the government is built up – as an example, the third son Eduardo took part at the first official meeting with the US President Donald Trump, instead of the Chancellor Ernesto Araújo, in 19thMarch.

The politics is the space that has welcomed Bolsonaro after the Army, in which he could better act to the benefit of his peoples, i.e., professional, economic and material guarantees to his family first, then to the network around them. He has succeeded, as his own plan was just like that personal, simple and clear compared to other politician’s high ambitions. As President, he has been keeping his old discursive style – polemic, controversial, authentic (in his electorate’s words), interventionist and extremist – while strengthening the label Bolsonaro, which was meant to represent conservatism mainly in religious and behavioral terms, and actually represents the most significant far-right authority in Latin America.

Jair Bolsonaro is from the state of Rio de Janeiro, one of the most violent in Brazil. At the same time, one with the highest visibility and popularity, perhaps in the world. The city of Rio de Janeiro (the homonymous state capital) hosted several international mega-events during the last ten years, ranging from religion (the first apostolic journey of Pope Francisco, who is born in Argentina, was to RJ, where he celebrated the World Youth Day in 2013) to culture, sport and business. Alongside them, it had dramatically increased the number of murders, armed repression and forced evictions of poor black people from territories that have turned out to be on the way of those mega-events. Had Bolsonaro been a politician (again, in the original Greek sense of the term), in facing such scenario, and considering his strong discourse on public security – favoring an increase in weapons circulation and military police’s power of action -, he might have been elected Governor of the state of Rio de Janeiro. However, he is not. He is solely the leader of a clan, who has never aspired to be the personification of a national leader.

Here, I argue, lies the most problematic aspect of the debates concerning the last ten months of Brazilian politics, assembling the electoral period, the transitional government and the almost five months of Bolsonaro’s Presidency: the expectation of an Executive that acts according to the coalition presidentialism is indeed wavering. Coalition presidentialism has been the regime since the redemocratization of the country in 1985 with President José Sarney4. There are two irreconcilable logics at play: on the one side, intellectuals and pragmatics struggle to find in Bolsonaro’s Presidency plausible elements to delineate either a strategy or a personality that fits within the overarching framework of the coalition presidentialism regime. Although nothing resembles the other five Presidents of the redemocratization period5, there is still a considered segment of the society committed to explaining the over-reluctant behavior of the President, which inevitably contaminates the Executive, without putting the regime itself into question.

On the other side, the logic of Bolsonaro does uphold the unfolding developments: as the leader of a conservative clan consisted of white middle-to-upper class heterosexual men, since his first mandates at the House of Representatives he plays solely on the customs agenda, openly displaying no sympathy to democratic principles. He was elected in October 2018 precisely due to such biography and, over the empty presidential campaign that did not have debates nor a minimum exposition of a government program, he never held the promise of diversification. After all, he was not interested in politics, but in raising polemics about traditions, habits, norms, and myths. His last frictions with the President of the House, Mr. Rodrigo Maia (of the Democrats Party, which is center-right and part of the government’s support base), make clear his complete apathy concerning politics.

He plays according to his logic, which is instrumentalized by mechanisms able to promote chaos and polarization – social media, ideological discourses, delegitimation of the opposition as an interlocutor, empty promises and doubtful declarations later falsified by the ministers, and a real war against the press. Nonetheless, chaos and polarization are indeed effective methods to misconduct a country with 34.5 million informal workers6, more than 12 million of unemployed7 and 15.3 million people living below the line of extreme poverty8. As long as press and academic debates keep focused on the failures and shortcomings of this sixth elected representative of a supposed democratic coalition presidentialism regime, we all fail.

Therefore, we urgently need to change the focus and the language, to construct a possible resistance. The focus, away of Twitter and the partisan dichotomy left-right, which is in the clan’s usual rhetoric, toward the proper Executive agenda of reforms and public measures. The language, away of personal adjectives and aggressive responses, toward an assertive and confrontational oratory related to the paralysis of the Executive. Here I use the word paralysis referring to the fact that, with more than ten percent of the term of office spent, we have no real program for Health, Education, Environment, Human Rights, Culture, Work and so on. What we have is still a robust ideological plan of action, replicating the ton used during the campaign. The National Congress is still recalcitrant with the Pension Reform, which has just gone through the first round of voting at the Constitution, Justice and Citizenship Commission (CCJ, in Portuguese) of the House.

Although the political horizon is still unclear, the present is so far undoubted: Bolsonaro is not playing by the rules of the coalition presidentialism, neither is personally attached to the principles of liberal democracy. Bolsonaro has no clue about how to balance the distribution of functions, roles and positions among the ministries and state companies, let alone how to manage the amendments in the budget – recently, the House has approved, in a surprisingly fast majority of 448 votes vs. 3, the Proposal of Constitutional Emendation 2/2015 known as the “authoritative budget”, which substantially restricts the government’s power over the allocation of funds. This is seen as a significant defeat of the Ministry of Economy Paulo Guedes. For Bolsonaro himself – who has already publicly declared against the Pension Reform which is, in turn, the main flag of his mandate proposed by one of the two so-called “super Ministers”, Mr. Guedes – it is all under control.

To highlight the challenge to so-called coalition presidentialism, I will call this particular way of managing government, daily affairs, and (anti)politics a regime of “anti-presidentialism”. Through this specific regime, Bolsonaro’s government simultaneously control the government and the opposition mainly through the setting of the agenda – restricted to customs, myths, contentious issues, and random opinions – employing direct communication with the population via social media.

He won the presidential election with 39.3% of the total electorate who went to the poll and currently needs to preserve the rate of 30% of overall approval to move forward with the reforms, according to companies of data surveys and to the economic press. Today, we have 37% of Brazilians that evaluate Bolsonaro Government as “good”. There is a parcel of the electorate that would remain loyal to the label Bolsonaro: openly chauvinist, homophobic, sexist, conservative, interventionist and safeguard of the patriarchal roots of the Brazilian society. During the Workers Party’s terms (Lula, 2003-2011; Dilma, 2011-mid-2016), this parcel of the electorate – composed mainly by white men of middle and high economic classes, former militaries and evangelicals – has seen a double movement going on in the country: on the one hand, the growing and spread of progressive ideas in the fields of social policies, customs and human rights, which were celebrated by the low classes who are generally the target of security forces’ narco-politics. On the other hand, the lowering of purchase power as an effect of the international economic crisis of 2008 that was felt hard by the middle class, which is generally the target of austerity measures.

The welfare policies of President Lula (Bolsa Família, Fome Zero) did not alter the inequality structure of the country, and there are several plausible critics about Lula’s double strategy of making poor people and the bourgeoisie compliant, through providing access to consumer goods and the reconciliation of conflicting interests, respectively. What is relevant to highlight, however, is the social consequences of this political articulation undertaken during the Workers Party’s terms: the rise of gender activism, feminist movements, human rights advocacy, naming and shaming of racist politicians, and a feeling of empowerment among the poor people. The silenced low class has become louder and proud of its color, race, and sexual orientation. The intolerance grew concomitantly, both among the political-economic elite, and the ordinary people eager to have the “normal order” back, i.e., privileges of gender, class, and race.

Political scientists, journalists, economists and also the political opposition have been struggling to keep up with the daily twists promoted by Bolsonaro and his team, to understand them in light of the democratic principles and the coalition presidentialism regime, which normativity is in effect for the last thirty-four years of the Brazilian history. That is where I claim they are reinforcing Bolsonaro’s strategy of resignifying Brazil’s history and reality. Bolsonaro’s team is, on the one hand, made by a majority of militaries already responsible for more than one-third of the Ministries that, together, have a budget more prominent than the Ministry of Health and Education. Naturally, it is inescapable to cope with the old issue of military hierarchy vs. submission to civilians, which has been proved difficult in the negotiations of the Pension Reform.

On the other hand, the team is made by several people who were entitled due to their consent and conviction concerning the conservative customs agenda — nothing beyond that. The Ministers of External Relations, Human Rights & Family, Environment and Education are the most notable examples of what is at stake for Bolsonaro: to ideologically resignify the frontline channels of telling Brazil’s history and reality, inside and outside the country. This agenda has been featured “anti-intellectualism” by the opposition, denoting precisely the denial of facts, statistics, studies, and historiography. The ambivalence is that, even though such denial is already identified, the opposition insists on the intellectual language to confront such an agenda. That is, while Bolsonaro speaks his own truths and manifests his conception of the facts (not the facts themselves), the opposition complains about the lack of accuracy with numbers and narratives about the trending-topics selected by Bolsonaro himself.

As an example, the order launched in the last 31st March to celebrate the Military Coup of 1964 that has initiated the twenty years of the barbaric Brazilian dictatorship, has prompted a massive reaction within the national and international societies 9 . We are witnessing an entire miscommunication that, in the end, has been monopolizing the opposition toward raising a reaction against nothing with the wrong toolkit, as Bolsonaro does not recognize the sound of intellectualism. In other words, would not be the national opposition an echo of Bolsonaro’s anxieties, reverberating his desires and perspectives, they will start to see a backlash before whom he cares about, the international market.

I wrap up this article with the questions concerning the broader change upon the way Brazilians came to recognize themselves: how is such a shift taking place, who is it favoring, and what is the likely outcome? I claim that Bolsonaro is a by product of such change and that it is crucial to highlight the path, the conditions of possibility for his election and continuous support among still 30% of voters. I already mentioned above few concrete facts of the Workers Party’s period in power that contributed to catalyze changes on Brazilians perspectives about themselves. And I would say that, by no means, we are alone: such changes are following an international trend of conservatism. However, Bolsonaro is conservative, to say the least. To be precise, he is located at the far-right part of the political spectrum, what is an unthinkable image for Brazilians historians, social scientists and anyone else who has been thinking of the country since 1985.

Notwithstanding the traditional assumption of Itamaraty that Brazil is a successful example of multiculturalism and harmonious coexistence of differences, Brazilians are carving a deadly version of racism and persistent racial and economic inequality, as “Black Brazilians earn, on average, 57 percent less than white Brazilians. They make up 64 percent of the prison population. Brazil’s Congress is 71 percent white”10. Jair Bolsonaro spurs these numbers. His vocabulary is ideological, and his agenda is no longer part of the progressive path of emancipation that Brazilians were experiencing. He reinforces an illiberal democracy in the country, cheating people’s hope of better days and boosting actual crusades against intellectual discussions and teaching on race, gender, and sexual orientation. Simultaneously, he speaks out in favor of economic liberalism, which is a promise to re-establish the pre-2008 living conditions of the middle class through the privatization of vital national companies.

I named anti-presidentialism regime all this configuration that encompasses an original label shaped over Bolsonaro’s years as a Congressman under which his clan currently acts; a specific language, vocabulary and “functional ignorance” that works to silence substantiated critics; an exacerbated use of personal social media as the official communication channel of the Government; an ability to shape a customs agenda and to monopolize the public engagement around it; and, lastly, a profound lack of knowledge and skills to employ the instruments of the coalition presidentialism regime, which he calls “the oldpolitics”.

We are then reinforcing such anti-presidentialism regime by interacting with its elements, either misunderstanding or complaining about them, or even being sick of delusion. Bolsonaro has won more than sixty thousand new followers on Twitter during Carnaval through the promotion of chaos and polarization with a given video he posted. In Brazil, there is an elected Congressman who resigned from his third mandate and is living abroad in 2019; a Councilor who was a relentless human rights defender brutally murdered in 2018; and uncountable number of politicians who have occupied high positions in the national or local governments in prison due to corruption and support to militias. Liberal democracy is crumbling in Brazil at least since August 2016, with Rousseff´s controversial impeachment, and civilian restrictions are in a fast track of enlargement. The latest measure announced by the Minister of Education was to significantly “decentralized” public funding for superior studies of philosophy, sociology, and social sciences, as “they do not give an immediate return to taxpayers”, according to Bolsonaro.

Eduardo, his third son who is conducting Brazilian foreign policy, seeks for inspiration among the Hungarian Viktor Órban, the Italian Matteo Salvini, the Israeli Benjamin Netanyahu, and the North-American Donald Trump. Each manifestation from those countries’ peoples of non- acceptance of topics of the world far-right agenda is, after all, an engagement. In Brazil, due to the notorious unpreparedness of the President, resistance might be more successful by firstly ignoring posts and tweets of the clan that holds no other goal than to spawn social chaos. Resistance must require liberal democracy, constitutional rights, the rule of law and public policies, with expected outcomes and data. We must pressure the Executive parliamentarians and the media to focus on the democratic agenda. We must organize ourselves around specific flags such as funding for superior education and the combat to narco-politics as it is currently undertaken in favelas, where the state forces drive the genocide of black people. We cannot engage anymore with Bolsonaro’s strategy that is constructed, daily, through a discourse of normality. We need to urgently recover people’s power to shape conceptions of the normal.

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Americas

A self-inflicted wound: Trump surrenders the West’s moral high ground

Dr. James M. Dorsey

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For the better part of a century, the United States could claim the moral high ground despite allegations of hypocrisy because its policies continuously contradicted its proclaimed propagation of democracy and human rights. Under President Donald J. Trump, the US has lost that moral high ground.

This week’s US sanctioning of 28 Chinese government entities and companies for their involvement in China’s brutal clampdown on Turkic Muslims in its troubled north-western province of Xinjiang, the first such measure by any country since the crackdown began, is a case in point.

So is the imposition of visa restrictions on Chinese officials suspected of being involved in the detention and human rights abuses of millions of Uyghurs and other Turkic Muslims.

The irony is that the Trump administration has for the first time elevated human rights to a US foreign policy goal in export control policy despite its overall lack of concern for such rights.

The sanctions should put the Muslim world, always the first to ring the alarm bell when Muslims rights are trampled upon, on the spot.

It probably won’t even though Muslim nations are out on a limb, having remained conspicuously silent in a bid not to damage relations with China, and in some cases even having endorsed the Chinese campaign, the most frontal assault on Islam in recent history.

This week’s seeming endorsement by Mr. Trump of Turkey’s military offensive against Syrian Kurds, who backed by the United States, fought the Islamic State and were guarding its captured fighters and their families drove the final nail into the coffin of US moral claims.

The endorsement came on the back of Mr. Trump’s transactional approach towards foreign policy and relations with America’s allies, his hesitancy to respond robustly to last month’s missile and drone attacks on Saudi oil facilities, his refusal to ensure Saudi transparency on the killing a year ago of journalist Jamal Khashoggi and his perceived empathy for illiberals and authoritarians symbolized by his reference to Egyptian field marshal-turned-president Abdel Fattah al-Sisi as “my favourite dictator.”

Rejecting Saudi and Egyptian criticism of his intervention in Syria, Turkish president Recep Tayyip Erdogan gave the United States and Mr. Trump a blunt preview of what they can expect next time they come calling, whether it is for support of their holding China to account for its actions in Xinjiang, issues of religious freedom that are dear to the Trump administration’s heart, or specific infractions on human rights that the US opportunistically wishes to emphasize.

“Let me start with Saudi Arabia,” Mr. Erdogan said in blistering remarks to members of his Justice and Development Party (AKP). “Look in the mirror first. Who brought Yemen to this state? Did tens of thousands of people not die in Yemen?” he asked, referring to the kingdom’s disastrous military intervention in Yemen’s ruinous civil war.

Addressing Mr. Al-Sisi, Mr. Erdogan charged: “Egypt, you can’t talk at all. You are a country with a democracy killer.” The Turkish leader asserted that Mr. Al-Sisi had “held a meeting with some others and condemned the (Turkish) operation – so what if you do?”

The fact that the United States is likely to encounter similar responses, even if they are less belligerent in tone, as well as the fact that Mr. Trump’s sanctioning of Chinese entities is unlikely to shame the Muslim world into action, signals a far more fundamental paradigm shift:  the loss of the US and Western moral high ground that gave them an undisputed advantage in the battle of ideas, a key battleground in the struggle to shape a new world order.

China, Russia, Middle Eastern autocrats and other authoritarians and illiberals have no credible response to notions of personal and political freedom, human rights and the rule of law.

As a result, they countered the ideational appeal of greater freedoms by going through the motions. They often maintained or erected democratic facades and payed lip service to democratic concepts while cloaking their repression in terms employed by the West like the fight against terrorism.

By surrendering the West’s ideological edge, Mr. Trump reduced the shaping of the new world order to a competition in which the power with the deeper pockets had the upper hand.

Former US national security advisor John Bolton admitted as much when he identified in late 2018 Africa as a new battleground and unveiled a new strategy focused on commercial ties, counterterrorism, and better-targeted U.S. foreign aid.

Said international affairs scholar Keren Yarhi-Milo: “The United States has already paid a significant price for Trump’s behaviour: the president is no longer considered the ultimate voice on foreign policy. Foreign leaders are turning elsewhere to gauge American intentions… With Trump’s reputation compromised, the price tag on U.S. deterrence, coercion, and reassurance has risen, along with the probability of miscalculation and inadvertent escalation.”

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Trump’s effects on diplomacy

Irfan Khan

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No longer has Trump’s haphazard behaviour persisted, more will be easy for his administration to enact actions against China, Iran and Taliban. The state department is in a quandary because of it, on each front. Trump’s entrenched eagerness to remain “great” and “first” on the chessboard of International power, could damage the world more ahead than before.

Following the Iran’s attacks on the Kingdom of Saudi-Arabia’s oil infrastructure, US wanted to deploy troops to the Kingdom. It is primarily a justification for why the US has been imposing sanctions over Iran. Is troops deployment a solution? Or will it provide safe horizon to Kingdom oil’s installation? Or will it be revolutionary in oil diplomacy? Or is it the only target retaliated on, by Iran. However, such kind of engagement has short term beneficiary spots, while in broader perspective it has consequential effects for all stakeholders. The episode of nuclear deal has, as a factor of quid-pro-quo, been further dramatised by the state department, withdrawing from. Notwithstanding, the deal has advantageous prospects for the Middle East, and an exemplary for rest of nations, has been further dramatised by the US, in order to seek its diplomatic wins. What significant at this point, is an agreement to reback to the deal.

Embracing a different economic model, China, is plausibly on a runner-up position to the US. Whether it’s 5G tech. Or leading status of green energy, or ultra-scales exports or its leading developments for the nations having indigent economies, is a source of chaos for US administration. The current trade war is an antidoting tool for the whole scenario. The US should, I assume, eye China’s hegemony a piece of cake, and welcome its come out while securing its interests under the umbrella of cooperation. This logic, while posing no threat, seems to be long term functional. Is it?

Trump, according to many native writers, is psychologically unfit, unstable and fickle, however have had strong narrative to prevent America’s engagement into “useless wars” and end “endless” wars. Following this token, Trump announcement of troop withdrawal from Syria and Afghanistan put the world politics and even his administration into chaos. This divided strategists and Washington security officials, which was underpinned by the resignation of James Mattis and recently John Bolton. The ten months of peace process which followed the US’s announcement of troop withdrawal, precipitously ended, putting once again the international and national politics into chaos. Trump, grandiloquently fired a tweet that talks with Taliban are dead and futile. The argument he contended was the Attack in Kabil, where one American soldier with 12 other people were lost. The policymakers and high officials in Washington who already negated the policy of troop withdrawal and then after peace deal. They, of course are winner in this policy discourse, have staunch beliefs in their opinion, who may make Trump’s change of heart. The Kabil attack was given, probably, an agent of resurgent for Obama’s approach. However, Trump’s administration had already scripted their policy framework for the region, and pretending Kabul attack was perhaps a way of redemption from the peace talk.

Trump’s factor in US foreign policy was chaotic to his subordinates for which, he attempted to compensate by cancelling peace deal with Taliban. However , on the domestic front, it is likely to be more pluses than on diplomatic front given to Trump in next year’s presidential election. Let’s see which side the wind blow. 

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Americas

Trump Cannot Be Impeached Over Ukrainegate, But Pelosi and Schiff Can Be Charged Criminally

Rahul D. Manchanda, Esq.

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Pursuant to United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), the U.S. Supreme Court issued an unmistakable clear edict concerning the foreign affairs powers of the President of the United States.

In its majority opinion, the Court held that the President, as the nation’s “sole organ” in international relations, is innately vested with significant powers over foreign affairs, far exceeding the powers permitted in domestic matters or accorded to the U.S. Congress.

The Court reasoned that these powers are implicit in the President’s constitutional role as commander-in-chief and head of the executive branch.

Curtiss-Wright was the first decision to establish that the President’s plenary power was independent of Congressional permission, and consequently it is credited with providing the legal precedent for further expansions of executive power in the foreign sphere.

In a 7–1 decision authored by Justice George Sutherland, the Supreme Court ruled that the U.S. government, through the President, is categorically allowed great foreign affairs powers independent of the U.S. Constitution, by declaring that “the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs are different, both in respect of their origin and their nature…the broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs.”

While the Constitution does not explicitly state that all ability to conduct foreign policy is vested in the President, the Court concluded that such power is nonetheless given implicitly, since the executive of a sovereign nation is, by its very nature, empowered to conduct foreign affairs.

The Court found “sufficient warrant for the broad discretion vested in the President to determine whether the enforcement of the statute will have a beneficial effect upon the reestablishment of peace in the affected countries.”

In other words, the President was better suited for determining which actions and policies best serve the nation’s interests abroad.

Period.

It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations – a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution.

Separation of Powers Doctrine

In other words, neither the U.S. Congress nor the U.S. Senate can say or do very much of anything to prevent or interfere with this power, and if they do, they can in fact be held responsible for violating the Separation of Powers doctrine pursuant to the U.S. Constitution wherein the three branches of government (executive, legislative, and judicial) are kept separate.

This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

Each branch has separate powers, and generally each branch is not allowed to exercise the powers of the other branches.

The Legislative Branch exercises congressional power, the Executive Branch exercises executive power, and the Judicial Branch exercises judicial review.

National Security and Foreign Affairs

The Curtiss-Wright case established the broader principle of executive Presidential supremacy in national security and foreign affairs, one of the reasons advanced in the 1950s for the near success of the attempt to add the Bricker Amendment to the U.S. Constitution, which would have placed a “check” on said Presidential power by Congress, but that never passed, or became law.

If Speaker of the House Nancy Pelosi and other Democrats really wanted to interfere with or prevent President Donald Trump from engaging in the activity that they are trying to prevent vis-a-vis Ukraine, China, and Joseph Biden’s alleged corruption and its effect on National Security, they would have to first draft, propose, enact, and pass sweeping legislation, and this could take years and would most probably never pass.

Even so, it could not affect President Donald Trump’s actions already occurred, since the U.S. Constitution prohibits ex post facto criminal laws.

Turning This All Against Nancy Pelosi and Adam Schiff

To that end if Speaker of the House Nancy Pelosi and Congressman Adam Schiff persist in pushing said “impeachment proceedings” against President Donald Trump, it is actually they who could find themselves on the wrong side of the law, with formal and actual charges of Treason, Sedition or Coup D’ Etat being levied upon them by the U.S. Government.

The consequences of that occurring, are truly horrific indeed.

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