Law Commons^™

Executive Power To Provide Material And Financial Support To Foreign Governments And Ngos Linked To Terrorist Groups, Alexa E. Craig

Notre Dame Journal of Law, Ethics & Public Policy

Since the Iran-Contra affair in the 1980s, the President’s power in foreign affairs, while questioned, has been constrained very little. Constitutional questions about executive power in the international arena have largely transformed into statutory ones. While statutes are more adaptable to changing circumstances than the Constitution, the statutory questions continue to address the issues generated by the Framers. Uncertainty regarding the scope of executive power has another cause: courts often dismiss cases about the constitutionality of the President’s actions for standing reasons. For instance, one of the latest cases that could have precipitated a serious discussion of the President’s foreign …