Did John Boehner VIOLATE THE LAW By Inviting Netanyahu to Address Congress?

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37. So you agree that Congress has a significant role to play with regard to foreign relations

I say that based on your apparent agreement that it is not unconstitutional for Congress to enact legislation imposing sanctions on a foreign government even if doing so is contrary to how the president's foreign relations' policy objectives and decisions.

That being the case, its pretty clear you must agree that broad statements about the exercise of authority over foreign relations being the sole provence of the executive branch are wrong.

So that leaves the question of what an individual member of Congress can do. Well, for starters, I don't think that the House and Senate Foreign Relations committees are unconstitutional and I don't think its unconstitutional for those committees to exercise oversight authority with regard to a president's foreign policy. In particular, I don't think its unconstitutional for those committees to hold hearings on sanctions proposals or more generally on a president's foreign relations policies. And I don't think its unconstitutional for the chairman of those committees to unilaterally decide who the witnesses are at such hearings (as is typically the case) and, if he or she so desires invite only one witness who presents only the view of those opposed to the president's position (although I think one-sided hearings are a bad idea as a matter of policy). And if a mere committee chair can lawfully decide to invite a witness to appear at a committee meeting to criticize a president's position on a matter of foreign relations, its pretty obvious that the Speaker of the House can lawfully invite someone to appear before the entire Congress to do the same thing. I don't think its a good idea or good policy, but it certainly isn't a usurpation of constitutional authority.

Let's be clear. I think that it was both constitutional and good policy for Congress to solicit views criticizing Reagan's approach to South Africa, to pass a sanctions bill opposed by Reagan, and to override Reagan's veto. I think it is constitutional for Boehner to invite Netanyahu to speak to Congress regarding a matter of foreign policy (even if Netanyahu is opposed to and critical of the president's position on sanctions and Iran) and I think that if Congress enacts sanctions, they will be constitutional (just as the other sanctions that Congress has enacted against Iran for decades are constitutional). I also strongly believe inviting Netanyahu was obnoxious and a breach of protocol; I think that the enactment of sanctions would be a bad policy and hope that if such sanctions pass, the President carries out his veto threat, not based on any constitutional objection, but on the grounds that its bad policy.