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The President Proposes but Congress Disposes

President Obama and his advisors pressure Prime Minister Netanyahu to avoid intensive contacts with Congress. They claim that such contacts would undermine the Presidency, and would therefore damage US-Israel relations. However, refraining from such contacts would demote Congress into a “Supporting Actor”, and thus would be an insult to the American People, to its representatives on Capitol Hill and to the US democracy, which regard Congress as a “Co-Starring Actor.” In the long run, it would degrade vital Israeli interests and weaken US-Israel relations.

 

In 1992, I was told by then Majority Leader, Senator George Mitchell: “Doesn’t Israel realize that the US is not a monarchy and that the President is strong but not omnipotent?!” And, in fact it was Congress – and not the President – that stopped US military involvement in Vietnam (Eagleton Amendment), Angola (Clark Amendment), Nicaragua (Boland Amendment), forced the USSR to let the Jews go (Jackson-Vanik Amendment), approved emergency aid to the former USSR (Aspen-Nunn Amendment), toppled the White regime in Pretoria (Anti-Apartheid Act), provided Israel with emergency assistance following the 1991 Gulf War in defiance of Bush/Baker, etc.

 

Recent Israeli governments have underestimated the power of Congress, as a result of the highlighted global profile of the President. Still, a US President is powerful, but – unlike Israeli Prime Ministers – he is not the chairman of his party and not the leader of his congressional slate. He does not anoint the Speaker, majority leaders and committee chairs. And he does not determine which bills should pass in Congress. The President is one of three arms of government, which are equal in power and independence. He is constrained by the decentralized Federal system, by an effective Separation of Powers and by an elaborate system of checks and balances, which are designed to prevent tyranny. The President initiates and executes policy, but Congress – which is featured in the first article of the US Constitution – possesses the “Power of the Purse” and the authority to change, suspend and initiate policy, prevent senior presidential appointments and add and eliminate government departments and agencies. While the relative presidential weight increases during national security crises, the relative weight of Congress is upgraded during financial crises. The confrontational/defiant nature of the President-Congress relationship, constitute a significant watchdog over US democracy.

 

Israel’s government assumes that the Congressional Democratic majorities provide President Obama with a “free ride.” However, Senator Robert Byrd, President Pro-Tempore of the Senate has persisted in quipping at Democratic and Republican presidents: “Legislators are the servants of the Constitution, not the servants of the President.” Former Speaker, Democratic House Member Tom Foley, advised President Clinton in 1993 not to take House and Senate Democratic majorities for granted: “We won’t be able to support all your ambitious policies, because our political life expectancy (running every two years) is different than yours (running every four years).” Clinton ignored the advice and caused the Democratic Party crash in the November 1994 election. The loyalty of the 535 federal legislators – who represent districts and states more than political parties – is first and foremost to their constituents, to the Separation of Powers and to the independence of the Legislature and only then to the President. Therefore, over 30 Democratic House Members supported the impeachment of Clinton, many Democrats opposed Clinton’s free trade initiatives, caused Obama to rescind the appointment of anti-Israel pro-China Chas Freeman, forced Obama to boycott the UN Durbin II Conference and are not automatic supporters of Obama’s proposals to close down the Guantanamo jail, to bail out Wall Street and the Detroit car makers, dramatically increase the national debt, etc. As the November 2010 congressional elections approach, and as economic recovery is further delayed, the more dependent Obama becomes on a willing Congress and the more independent and defiant will the legislators become.

 

In 1891, six years before the First World Zionist Congress, in defiance of the US Department of State, 400 US dignitaries co-led by the Speaker of the House and the Chairman of the House International Relations Committee signed the “Blackstone Memorial,” which called for a Jewish national home in the Land of Israel. In 1922, 26 years before the establishment of the Jewish State, The US House and Senate unanimously passed a Joint Resolution, reaffirming congressional support of a Jewish State between the Jordan River and the Mediterranean.

 

The enhancement of Israel’s critical interests and the demonstration of respect towards the US democracy, behoove Israel’s Prime Minister to cultivate ties with Congress – the most authentic representation of the US public, equal in power to the President, a bastion of support for closer US-Israel ties, which appreciates the unique covenant binding the US and the Jewish State: Democracy, shared Judeo-Christian values, mutual regional and global threats and joint strategic interests.




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Presidents propose and Congress disposes

On September 23, 2021, the US House of Representatives voted 420:9 to replenish the Israeli-developed defensive “Iron Dome” missiles, which are increasingly manufactured – and eventually exported – by the US defense company Raytheon, that benefits from the battle-tested “Israeli laboratory.”

The overwhelming vote reflects Congressional realization that the “Iron Dome”:

*Enhances Israel’s posture of deterrence, which is critical to the survival of all pro-US Arab regimes and minimization of regional instability;
*Reduces the need for full-scale Israeli wars on Palestinian and Islamic terrorism;
*Provides an alternative to Israeli military ground-operations against Palestinian terrorists, which would entail substantial Israeli and Palestinian fatalities;
*Represents joint US-Israel interests, militarily and technologically, in the face of mutual threats (e.g., Islamic terrorism) and mutual challenges (e.g., developing world-class, game-changing technologies).

*Constitutes another example of the systematic support by Congress of enhanced US-Israel cooperation.

The decisive role played by Congress in the replenishment of the “Iron Dome” underscores the cardinal rule of the US political system: The President proposes, but Congress disposes.

The involvement of Senators and House Representatives in foreign policy and national security-related issues has surged since the Vietnam War, Watergate and Iran Gate scandals, the dismantling of the USSR (which transformed the world from a bi-polar to a multi-polar) and rapidly-expanding globalization.

In fact, former Secretary of State, Jim Baker, complained about the growing congressional assertiveness in the area of foreign policy: “You can’t conduct foreign policy with 535 Secretaries of State….”  Former Secretary of Defense, Dick Cheney, criticized Congress for micromanaging the defense budget: dictating how much to spend on particular weapons, imposing detailed requirements and programmatic restrictions, venturing into policy-setting and requesting that the Department of Defense submits mountains of reports.

Congressional muscles 

The US Congress is the most powerful legislature in the world, and it has demonstrated its co-equal, co-determining muscle in the areas of foreign and defense policies on many occasions, such as:

*Imposing sanctions against foreign countries in defiance of Presidents Clinton, Obama and Trump (e.g., Egypt – 2012, Iran – 1996-97 and 2013, Russia – 2017);
*Non-ratification of the 2015 JCPOA, which enabled withdrawal by the US;
*The 2009 non-closure of the Guantanamo Detention Camp was led by Senate Majority Leader, Harry Reid (NV-D), in defiance of President Obama.
*The 2009 non-confirmation of Charles Freeman to the Director of National Intelligence was led by Senator Chuck Schumer (NY-D);
*The 1999 non-ratification of the Comprehensive Test Ban Treaty in defiance of President Clinton and the international community;
*The unprecedented expansion of US-Israel strategic cooperation took place despite stiff opposition by President Bush and Secretary of State Baker;
*The Comprehensive Anti-Apartheid Act overrode President Reagan’s veto;
*The 1984 Boland Amendment aborted President Reagan’s financial and military aid to anti-Communist elements in Nicaragua;
*The 1983 blocking of President Reagan’s attempted coup against the Surinam pro-Soviet regime;
*The 1978 Foreign Intelligence Surveillance Act mandated congressional authorization of surveillance of persons and organizations, which may threaten national security;
*The 1975/76 Tunney (CA-D) and Clark Amendments stopped financial and military covert support of the opposition to the pro-Soviet regime in Angola;
*The 1973 Church-Case Amendment ended funding of military involvement in Southeast Asia;
*The 1973 War Powers Act overrode President Nixon’s veto;
*The Jackson-Vanik Amendment preconditioned aid to Moscow upon free immigration.

Congress empowered by the Constitution

As documented in the aforementioned paragraphs, one is advised to note that while Congress is preoccupied with District and State issues, it has the power to both propose and dispose in the areas of foreign and defense policies.

The US Constitution aspires for a limited government and a non-monarchical president, and therefore does not limit Congress to overseeing the budget. It provides the Senate and the House of Representatives with the power to act on strategic issues and policy-setting.

The Constitution accords Congress ”the power of the purse,” oversight of government operations, ratification of treaties, confirmation of key appointments, declaration of war, funding of military operations and cooperation with foreign entities, creation and elimination of government agencies, imposing sanctions on foreign governments, etc.

In other words, the President is the “commander in-chief” within constraints, which are set by Congress.




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Exposing the myth of the Arab demographic time bomb