Jerusalem Cloakroom #156

Presidential Declarations –
Are They Binding?

by Yoram Ettinger
yoramtex@netvision.net.il

April 16, 2004 

Presidential Declarations – Are They Binding?

• FACT: According to the US Constitution, no presidential declaration/promise is binding without a Congressional legislation or ratification.
   

• FACT: President Bush's statements (Apr. 7, 2004) on the "1967 Lines" and the "Claim of Return" are not binding. He did not oppose the "claim of return", did not recognize Israel's sovereignty over major settlement blocks in Judea & Samaria, and did not support Israel's sovereignty beyond the "1967 Lines." Presidents Johnson and Reagan stated (September 10, 1968 and September 1, 1982) that Israel should not be expected to withdraw to the "1967 Lines", but it has not prevented their successors – and did not prevent them – to expect such a withdrawal.
   

• FACT: President Clinton committed (in 2000) $800MN to Israel, to induce a withdrawal from So. Lebanon. Israel withdrew, Palestinian terrorism escalated, but the committed assistance has not been extended.
   

• FACT: Saudi F-15s are stationed at Tabuq, south of Eilat, threatening Israel, in defiance of President Reagan's 1981 commitment to Congress and to Israel.
   

• FACT: President Bush promised (in 1991) to direct 30% of US bombing to Western Iraq, in order to destroy the Scud missile launchers, dissuading Israel from a preemptive offensive against Iraq. However, only 3% of the bombing were directed at W. Iraq, the launchers were not destroyed, but Israel was hit in its Soft Belly.
   

• FACT: President Nixon committed (in 1970) the US to oppose the deployment of missiles, by Egypt, toward Sinai. Missiles were deployed, Israeli complaints were ignored by the US, and the 1973 War erupted taxing Israel with 2,800 fatalities (more than 100,000 in US terms).
   

• FACT: President Eisenhower issued (in 1957) Executive commitments to Israel, in return for a full withdrawal from Sinai. In 1967, Egypt violated the agreement with the US and Israel, the Egypt-Syria-Jordan axis tightened around Israel, President Johnson did not implement the 1957 commitments, which paved the road to the Six Days War.
   

• FACT: Presidential candidate Bush made a commitment (in 2000) to relocate the US embassy to Jerusalem. In 2004, the embassy is still located in Tel Aviv.

Presidential Commitments – The Limits

• FACT: According to the US Constitution, international treaties and commitments assumed by the president must be ratified by 2/3 of the Senate, in order to be constitutionally binding.
   

• FACT: According to the US Constitution, the Power of the Purse is on Capitol Hill. No presidential financial commitment stands, unless legislated by Congress (which is constrained by rigid budget caps).
   

• FACT: According to the US Constitution, the president and/or Congress can rescind any international commitment by issuing an Executive Order and/or by a congressional vote.
   

• FACT: A President may bypass Congress by Executive Agreements and Executive Orders, which could be rescinded by the president, by his successors and by Congress.
   

• FACT: US international commitments (including NATO) are characterized by ambiguity, lack of specificity and by the absence of automaticity of implementation, in order to preserve the interests of the US (rather than the interest of other countries).

The Bottom Line:

• The contention that presidential declarations/promises are carved in stone reflects misunderstanding of the US democracy, a dangerous delusion and ignorance of precedents, which have taxed Israel severely.
   

• In return for an ambiguous, non-specific presidential declaration – devoid of an automatic trigger – Israel is expected to carry out a specific, certain and tangible retreat, which would constitute – according to Israel's Chairman of the Joint Chiefs of Staff (Dec. 3, 2003) – a tail wind to Palestinian terrorism.