my statement on the American Servicemembers' Protection Act is as follows: When Congressman DeLay, Senator Helms, and I sat down with representatives of the Bush Administration to discuss the American Servicemembers' Protection Act, it quickly emerged that the Administration's principal concern with the legislation was the belief that a few of its restrictions on United States interaction with the International Criminal Court could, in certain improbable circumstances, interfere with the exercise of authorities vested in the President by the Constitution. The constitutional authorities that they saw as possibly conflicting with the legislation were the president's authority as Commander in Chief of the Armed Forces of the United States under article II, section 2 of the Constitution, and the President's constitutional authority with respect to the conduct of foreign policy, in particular his authority to exchange information with foreign governments and international organizations. Because there is no specific enumeration in the Constitution of the President's authority to conduct foreign policy, this authority is encompassed textually within the executive power vested in the President by article II, section 1 of the Constitution.
Editor's note · Context
Discussing concerns regarding the American Servicemembers' Protection Act and its implications for presidential authority.
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