Framers’ intent on the principles of foreign policy
Bashir Safi
Prof. Jason Ross, Liberty University
PLCY 702-B01
October 9, 2021
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Table of Contents
Abstract............................................................................................................................................3
The Framers’ intent on the foreign policy.......................................................................................3
Influence on the Framers.................................................................................................................4
The Articles of confederation..........................................................................................................5
Foreign policy debate at the Constitutional Convention.................................................................6
Foreign policy at the Constitution...................................................................................................8
Framers’ political belief.................................................................................................................10
Conclusion.....................................................................................................................................10
Bibliography:.................................................................................................................................12
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Framers’ intent on the principles of foreign policy
Abstract
In this paper I specifically identified Article I, Section 10, Clause 1 of the Constitution,
and other relevant clauses which governs the area of foreign policy. I also examined the original
intent of the Framers on foreign policy clauses. In this essay I also evaluated the role that the
intent of the Framers has played in addressing current foreign policy debates.
In addition to the clauses, I also included Framers debate at the Constitutional
Convention concerning foreign policy. Foreign policy debates will help us understand full
context of the area and the intent of the Framers over for designing foreign policy. This essay
accounts chronological history of the American foreign policy from early days of republic
through the Decades of the Articles of Confederation and later at the Convention that led to the
Constitution document. Framer’s political belief and influences were also among important
factors behind the Framers’ original intent.
The Framers’ intent on the foreign policy
Throughout the American political history, the Constitution has been interpreted to
resolve unprecedented disputes. Foreign policy was not different from other areas of public
policy. Though the original intent of the Framers on foreign policy was not clearly written but
Framers’ historical discussions and Convention records furnish valuable insight into the
perception of the Framers on foreign policy principles.
On Constitution’s interpretation and disputes generally, and the foreign policy area as we
focus here, the scholars examine the history of foreign affairs during the Confederacy, and in
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study the Framers’ concerns and debates on the topics, that’s how the scholars find clues about
their intent on issue. A particular phrase may have different meanings at this time from what it
meant nearly three centuries ago, but historical context will help lead us to a correct meaning of
the Framers’ intent. Determining the Framers’ intent is a very difficult task.1 Most of the
discussions and debates were conducted in secrecy. The Framers’ conducted many meetings in
secret because of the fear that an unresolved matter would go into the American public with
misconception. 2 It’s very difficult to know the disagreements between the delegates and what
compromise were made at the secret meetings, but the intent at the foreign affairs was clearer
than other areas of public policy. Under the Articles of the Confederation, America found itself
unable to enforce treaties with foreign nations, and foreign governments increasingly doubted the
viability of the new government. 3
Researching the Framers’ intent in foreign policy area has met with many challenges
from time to time. There was not a great deal of foreign policy encounters in the early days of
republic, thus, this rarity of the foreign policy events made it hard to use historical perception of
the Framers to understand their intent. The Conventional delegates spent too much time on
determining the apportion representation in Congress, but they devoted very little time how to
frame and conduct foreign policy. Only one resolution to was passed in the initial two months of
the Convention, developed by the Committee on Postponed Matters. 4 In this resolution they
defined regulation for the treaties and who get control over the treaties with foreign nations
1 Reveley, W. Taylor III, "Constitutional Allocation of the War Powers Between the President and Congress: 1787-
88" (1974). Faculty Publications. 240.
2 Farrand (max), The Framing of The Constitution of The United States, 8/6 Net. London: 1913.
3 Hendrickson, David C. Peace Pact: The lost World of the American Founding (2003).
4 Vile, John R. "The Critical Role of Committees at the U.S. Constitutional Convention of 1787." The American
Journal of Legal History 48, no. 2 (2006): 147-176.
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Influence on the Framers
As I stated, to understand the Framers’ intent regarding foreign policy and need to
understand the role of States and federal government’s branches in the historical context of this
area. There are three main areas to examine to understand the original intent of the Framers for
this policy area: 1) How foreign policy was functioned under the Articles of Confederation; 2)
Condition of the government, and 3) concerns and arguments of the Framers’ over foreign policy.
Under the Articles of Confederation, the role of States to regulate foreign policy was weightier
than the Congress.
This inadequacies of the Confederation in foreign policy made the Framers to develop a
plan to consolidate foreign policy power under a strong central government. The Framers felt the
need to move forging policy to a central government, but to ensure the central government do not
abuse its power, they developed a government structure with many checks and balances when
dealing with the foreign policy. The executive branch can’t develop a foreign policy without the
consent of the Congress and many other measures that could protect against improper use of
these powers.5
Foreign policy in the Articles of Confederation
One of the flaws of the Confederation was lack of authority in the Congress to regulate
foreign policy and make treaties. The Framers criticized the Confederation for it defects in
conducting successful foreign affairs. 6They also viewed these flaws as an opportunity to
empower congress with full power of making treaties. John Jay in his address to a Convention
5 "the Framers' Intent and the Early Years of the Republic." Hofstra Law Review 11, (1982): 413.
6 The Federalist: The Gideon Edition, eds
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said, Congress is powered to start a war, but they are not authorized to collect money and men to
fight the war. 7 according to Jay, the Congress could make a peace but did not have the power to
enforce treaties. The initial thoughts that Congress should be empowered to make foreign policy
started in the war time, and the Confederation failed to fund the war and have a national
approach toward foreign nations. Likewise, Congress was not authorized to enforce it polices
which was consequential for the foreign policy. Under the Articles of Confederations, states were
not abiding by the international laws and principles and Congress has not power to force states
for compelling to the treaties. 8 During the Confederacy, Congress made peace treaties, but States
violated them, because they were not required to abide by the treaties that Congress signed with
foreign nations or other factions. In one example, Congress had a peace treaty with Indians, but
Georgia was waging war against them ignoring Congress treaty provisions. 9
Foreign policy debate at the Constitutional Convention
The intent of the Framers to empower Congress with authority to regulate foreign policy
was in fact flaws in the Articles of Confederation concerning treaties and foreign policy in
general. If we do not understand the historical context of the matter from the Confederation
period, we wouldn’t know why the Framers debated on foreign policy matters. During the
Conventional debate the Framers realized that the confederation had to be powerful enough to
maintain the states against foreign invasions and domestic danger.10 During the Confederation
states maintained multiple treaties on trades and foreign relations, and the Framers debated to
consolidate foreign policy power to Congress and establish a central foreign policy institution.
7 Pamphlets on the Constitution of the United States 67 (P. Ford Ed. 1888)
8 (Farrand 1913, 46)
9 “Vices of the Political System of the United States, April 1787,” Founders Online, National Archives
10 Commager, Henry Steele. The Empire of Reason: How Europe Imagined and America Realized the
Enlightenment.
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During the debates the Federalists wanted to use the foreign affairs as a vital element for
consensus favoring the Constitution.11 Federalist argued that a weak central government will
weaken America’s respect and until we do not have a one foreign policy stage, the states with
multiple forging policy actors will threaten country’s security and trade. At the Constitutional
Convention, Framers were divided on establishing a central executive authority and empowering
it with foreign affairs matters. Hamilton argued that a British model government with House of
Lords is a best model for government. 12 He even suggested that individual for executive
authority and Senate be appointed for life if they have good behavior. 13 Hamilton though
expressed his concerns that federal government must be limited with the authority. He suggested
that the Senate have the sole power to declare a war and executive branch will drive the efforts
once a war is declared. 14 The Framers desired to have legislative branch at the forefront of the
American foreign policy. If we go back and trace the Framers’ intent, we understand that it was
derived from the series of events that led to foreign affairs flaws during the Confederacy, the
feeling for a strong consolidated foreign policy institution, and at the arguments that was
concerning to protect power delegated to central government. 15
During the convention many delegates were not happy with the Senate as sole authority
for making treatises. This debate led to formation of The Committee on Postponed Matters that
finally involved the executive branch in the foreign policy process. This committee proposed that
a "President by and with the advice and consent of the Senate, shall have power to make
11 Lofgren, Charles A. “United States v. Curtiss-Wright Export Corporation: An Historical Reassessment.
12 (Farrand 1913, 288)
13 Ibid, 291
14 Ibid, 292
15 Jonathan Elliot's Debates.
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treaties… But no Treaty . . . shall be made without the consent of two thirds of the Members
present.16
As I mentioned earlier most of the debates were held very secretly. The committees were
tasked to conclude the decision and bring it to the Convention. Even though we do not know the
written intent of the delegates, however, their public debates, criticism on foreign policy flaws
during the Confederation, political beliefs, and current influences on the foreign affairs in that
era tell us more about the Framers’ intent. After the States gained independence from the Great
Britain, foreign affairs were solely states’ responsibility under the Articles of Confederation.
Multiple foreign policy approaches made it hard for the country to get recognition from foreign
nations. After the Constitution document was passed and foreign policy was regulated by the
national government, it was a success for government to deal with treaties. A lesson that
delegates learned for the Confederacy. 17
Foreign policy at the Constitution
The constitution document was written after a decade long experience of the Article of
Confederation, lengthy debates, and arguments to balance the rights or states and a national
government. Article I, Section 10, Clause 1 of the Constitution regulates powers of the states and
domestic and foreign affairs. Framers drafted this clause because their intent was to make a
stronger, consolidated foreign policy for the entire country. They felt this need during the
confederacy that every state has their own trade policy, and they were not abided to follow the
Congress regulation. Clause 1 gives the power of making treaties to Congress. States are not
authorized to make treaties until Congress does not consent. Followed by this, Clause 3 allows
16 (Farrand 1913, 495)
17 Morris, Richard B. The Peacemakers: The Great Powers and American Independence.
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states to “engage in war” in cases of imminent danger, this clause waives Congressional consent
for the states during a war emergency. Finally, the Guarantee Clause of Article IV, Section 4
regulates threats of invasion, where legislature or executive intervention is required. The Framers
intent is apparent in these complex provisions but over the time it’s been challenging to keep the
century old clauses competent with the current interpretation.
Most of the time disputed clauses of the Constitution was interpreted by the Supreme
Court to understand the original intent of the Framers. The word “interpretation” does not appear
in the Constitution18 and the document does not instruct the courts how to interpret the clauses.
Ironically, this is up to the United States supreme court to interpret the constitution as they want,
and the legislatures and executive branch is forbidden to interfere in the court interpretation of
the disputed provisions. 19 On the foreign policy matters, the Constitution developed a very
crucial notion. First it distributes foreign policy power throughout the Constitution and involves
multiple entities. Second, the subordination of states to the central government. 20 On the other
hand, the Framers intent was that the well-being of the country needs a westing foreign policy
power with the central government, but on the other hand they were afraid of abusing power by
the central government. 21 The Framers distributed foreign policy power to the national
government but incorporated into the Constitution a system of check and balance to prevent
national entities from exceeding their constitutional power.
The Constitution provides the federal government a predominant role in foreign affairs,
prohibiting states from engaging in external affairs that they enjoyed during the Confederation
18 McClellan, James. Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American
Government.
19 (McClellan 2000, 485)
20 Kaplan, Lawrence S. Entangling Alliances with None: American Foreign Policy in the Age of Jefferson.
21 (Kaplan 1987, 441)
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period. 22 This constitution also prevents states from making treaties, and engaging into wars, 23
and restricting foreign trades and comer regulation. 24 The Framers intent for the states was clear,
they allowed states to conduct foreign affairs only with the congressional consent 25 and conduct
war if an imminent threat is perceived.
Framers’ political belief
The Framers, just like other humans, were driven by their political beliefs. This is human
nature to follow what you believe in, and to achieve it. During the Convention both sides, the
Federalists and anti- Federalists published their work to advocate in support of their arguments.
Foreign policy was not different than other arguments of the Constitutional debates.
The federalist supported ratification of the Constitution and favored a strong central
government, but anti- Federalists were not in support of the document ratification and advocated
for states rights. The Framers political beliefs obviously drove their intent for the Constitution
generally, and the foreign affairs.
Conclusion
As I mentioned in the beginning, defining the Framers’ intent is a difficult task, though
their intent could be traced back from their debates, arguments and speeches during the
Confederation and the Constitutional Convention. The Framers were also influenced by current
circumstances of the era during the Confederation. Their political beliefs and compromises also
influence the Constitutional provisions, not necessarily what they intended. During the
22 (Kaplan 1987, 441)
23 See U.S. Constitution. Art. I, § 10, cl. 1
24 See U.S. Constitution. Art. I, § 10, cl. 2
25 See Constitution. Art. I, § 10, cl. 3.
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confederation and at the Constitutional Convention, the Framers fear that a strong central
government will exceed their authority, but in same time a fragile foreign affairs status of the
country developed by the states individually were also a crucial notion that led the Framers to
prohibit states from conducting foreign affairs. Unlike the Confederation, the Constitution has
authorized the Supreme Court to interpret and resolve judicial disputes.26 The legislatures and
executive branches cannot interfere in the court’s interpretation and judicial reviews.27
The Framers intent was to ensure the well-being of the country with a westing foreign
policy in the national government, but to prohibit exceeding of power, the executive branch will
conduct foreign policy with advice and consent of the legislative branch. On the other hand, the
court will finally decide independently if any Constitutional provision needs interpretation.
As I mentioned we can’t define the original intent of the Framers, but the Constitution is
founded on principles, compromises, and series of Conventional debates. Researching the
Framers debates, political influences, and the concept of compromises for a provision will
resolve the matter. As James Madison wrote in his essay that the governments have been
established with consent and deliberation, the task of framing it has not been committed to an
assembly of men but has been performed by some individual citizen of preeminent wisdom and
approved integrity.28
Bibliography:
Commager, Henry Steele. The Empire of Reason: How Europe Imagined and America Realized
the Enlightenment. Garden City, N.Y: Anchor Press/Doubleday, 1977.
26 Tocqueville, Alexis de. Democracy in America. Indianapolis: Liberty Fund, 2012.
27 (McClellan 2000, 485)
28 Federalist No. 38
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Hendrickson, David C. Peace Pact: The lost World of the American Founding (2003).
Hutson, James H., Leonard Rapport. United States. Constitutional Convention. Supplement to
Max Farrand's the Records of the Federal Convention of 1787. New Haven: Yale
University Press, 1987.
Kaplan, Lawrence S. Entangling Alliances with None: American Foreign Policy in the Age of
Jefferson. Kent, Ohio: Kent State University Press, 1987.
Lofgren, Charles A. “United States v. Curtiss-Wright Export Corporation: An Historical
Reassessment.” The Yale Law Journal 83, no. 1 (1973): 1–32.
Madison, James, and Publius. Federalist No. 38. January 12, 1788
McClellan, James. Liberty, Order, and Justice: An Introduction to the Constitutional Principles
of American Government. 3rd ed. Indianapolis: Liberty Fund, 2000.
Morris, Richard B. The Peacemakers: The Great Powers and American Independence. [First].
ed. New York: Harper & Row, 1965.
The Federalist: The Gideon Edition, eds. George W. Carey and James McClellan (Indianapolis:
Liberty Fund, 2001), 179-185.
Tocqueville, Alexis de. Democracy in America. Indianapolis: Liberty Fund, 2012.
