Charles W. King
President Trump is expected to decertify the Joint Comprehensive Plan of Action (JCPOA), commonly referred to as the Iran Nuclear Deal, this week. He intendeds to do this despite statements from the United Nation’s International Atomic Energy Association, who is responsible for monitoring Iran’s compliance, and the United States Departments of Defense and State stating that Iran is complying with the deal. This past week in testimony before Congress Secretary of Defense James Mattis said that he believed it was in the national interest of the United States to continue the JCPOA.
Given these conditions, the Trump administration is finding it hard to completely scuttle the deal. It is unlikely that any of the other signatories to the deal would agree to re-impose sanctions. The White House has found a work around. For weeks a trial balloon has been floating inside the Beltway; the administration will declare that the JCPOA is not in the “national interest” of the United States, and make Congress responsible for determining its future. This is a shrewd move for the administration domestically. It allows Trump to claim victory against the deal without dangerously escalating the situations as Mattis and Tillerson understand unilateral decertification would.
Putting a decision like the continuation of the JCPOA in the hands of Congress is inherently dangerous. Despite the extensive support of congressional staffers, the Congressional Budget Office (CBO), and Congressional Research Service (CRS), Congress does not have the resources and expertise that the executive branch does. The foremost asset for the executive branch in these matters is the National Security Council (NSC). Established by the 1947 National Security Act, signed by President Harry S. Truman, the NSC truly came into its own under his successor, President Dwight D. Eisenhower. As Supreme Allied Commander Europe Eisenhower was known for the importance he placed on staff work and planning, and is quoted as saying, “Plans are useless, planning is essential.” Eisenhower continued this as president, and used the NSC’s staff to create comprehensive assessments of global events that reflected military, diplomatic, intelligence, and economic perspectives.
In the decades since 1947 the NSC has been an unqualified success, bureaucratically speaking. President after president have imbued it with more and more power as they have steadily eroded the authority of older parts of the executive branch, the State Department in particular. In the twenty first century the most important presidential appointment is the National Security Advisor (NSA). Unlike the Secretaries of State and Defense and their Undersecretaries and staffs, the NSA and the staff of the NSC do not have to be approved by Congress. The need to select compromise candidates for head the Departments of State and Defense has slowly increased their role as bureaucratic managers and decreased their policy influence, a trend that can be seen in the administrations of George W. Bush and Barak Obama especially.
In the twenty first century the government body with the resources and expertise effectively assess and make policy recommendations on important policies like the JCPOA is the National Security Council. The Constitution invests the executive branch with responsibility for foreign policy for a multitude of reasons; the Senate is responsible only for the ratification of treaties. Making Congress responsible for the Joint Comprehensive Plan of Action is both reckless and could herald a new era in American foreign policy making; Quarterback by Committee.