On the recordJanuary 29, 2020
Mr. Chief Justice, I send a question to the desk. The CHIEF JUSTICE. Senators Lee and Cruz ask of counsel for the President: The House managers have argued aggressively that the President's actions contravened U.S. foreign policy. Isn't it the President's place--certainly more than the place for career civil servants--to conduct foreign policy? Mr. Manager PHILBIN. Thank you, Mr. Chief Justice, Senators, and thank you for that question. It is definitely the President's place to set U.S. foreign policy, and the Constitution makes this clear. Article II, section 1 vests the entirety of the executive authority in a President of the United States, and it is critically important in our constitutional structure that that authority is vested solely in the President because the President is elected by the people every 4 years. That is what gives the President democratic legitimacy to have the powers that he is given under the Constitution. Our system is somewhat unique in the very broad powers that are assigned to the Executive, but it works, and it makes sense in a democratic system precisely because he is directly accountable to the people for the policies that he sets. Those who are staffers in the executive branch bureaucracy are not elected by the people. They have no accountability, and they have no legitimacy or authority that comes from an election by the people, and so it is critically important to recognize the President sets foreign policy.…





