Introduction
The United States government plays an important role in relating to other countries through the development of foreign policy. A foreign policy refers to the way the country performs its relations with others and is designed in such a manner that it furthers some specific objectives of the country. The policy also tries to ensure that the security and defense of the country are taken care of and seeks the authority for protecting and projecting the national interests of the country around the world. Therefore, any policy is shaped by national interests and covers various areas, including political, military, economic, ideological, as well as humanitarian among other critical areas. The history of American foreign policy has been dynamic, based on the new demands for national interests. The constitution sets out the role played by the Congress in the making of the foreign policy, while it differs from that of the President. It is worth noting that the Congress plays an important role in providing checks on the executive as the president negotiates treaties and agreements with other countries on the behalf of the people of the United States.[1] Therefore, the discussion will be based on the influence of Congress on the making of the Taiwan Relations Act.
Taiwan Relations Act
Despite the People’s Republic of China being founded in 1949, the United States had not had a trade or diplomatic relations with the country until recently. President Richard Nixon made a historic visit to the country in 1972. During the period leading to this visit, the US considered China communist state and thus a containment target, while China viewed the US an aggressive enemy nation.[2] However, by the close of the 1960s, there were hopes for the two opening up relations, with dialogue beginning towards the end of 1970 and into 1971. By 1972, there were hopes that the two countries would enter into diplomatic relations, but under the condition that the U.S. to withdrawn its troops from Taiwan. Another condition was that the US withdrew recognition of the Republic of China’s government on Taiwan.[3] Under President Jimmy Carter, the conditions were met and in 1978, a mutual recognition was passed.
In fact, the Republican-controlled Congress did not readily accept withdrawing the recognition of the ROC and PRC by the Democratic Carter administration. In reaction, the “Taiwan Relations Act” of 1979 was passed by Congress, which would allow for the continued relations with Taiwan. Once signed into law, the Act established legitimate authority for having unofficial relations with the country. The Act provided for the same kind of treatment under the United States laws like other foreign nations, states, and governments. The Act specified that the US will “consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States.”[4] Clearly, an act had come to be, through the intervention of the Congress that would allow the country to relate to Taiwan.
The Role of the Congress in Approval of the Act
The role of ensuring foreign relations between the United States and other countries is constitutionally entrenched. The President and the Congress play an important role in the process, but mostly the Congress plays the role in providing checks and balances to the executive. Traditionally, it is the role of the president to come up with legislative policies for foreign relations and then submit them to the Congress to be passed, and then the president signs policies into law.[5] For the United States’ democracy to flourish, the role of the Congress is critical. The role of the president, in his authority, skills, and leadership entails forging support from the people and the Congress for his policies. In the case there is inadequate support, it means that there is something wrong with the policy or that there is something erroneous with the way the president presents it.[6] Whatever the case, there is a constitutional reality that the president comes up with the proposal that is sent to the law-making body for approval.
The process of approval of the Taiwan Relations Act is one of the instances in the recent history when the United States Congress played a unique role in foreign relations policy creation. Indeed, it is one of occurrences when the Congress played an exclusive role following a disagreement with the president. The event follows the series of events surrounding the decisions by President Carter that did not get the support of the Congress.[7] The Congress played a leading role in the passage and approval of the Taiwan Relations Act. When the people of the United States disagreed with the decisions made by the United States government surrounding the new relations with the People’s Republic of China, the Executive was prepared to take an action. However, the action did not go well with the Congress. The Carter’s administration, on January 29, 1979, had come up with the Taiwan Enabling Act (TEA), a legislative proposal aimed at remedying the situation.[8] The proposal was aimed at creating a law that would allow for the continuation of “unofficial” relations with Taiwan.
Reason for the Refusal of TEA by Congress
However, the Congress opposed the proposal by the president. The explanation given by Senator Frank Church was that the recommended law was “woefully inadequate to the task, ambiguous in language, and uncertain in tone.” [9] It was this decision by the Congress that led to the birth of the Taiwan Relations Act. While the Carter’s administration was focused on the relationship with the People’s Republic of China, the Congress was focused on the US-Taiwan relationship. In rejecting the TEA by an overwhelming majority based on its supposed weakness in the relationship between the United States and Taiwan, the Congress passed the Taiwan Relations Act. The president signed the bill into law on April 10, 1979, establishing the US-Taiwan relationship, which was threatened by the United States relationship with the PRC.[10] The Congress, in turn, played an important part in ensuring that the commitment of the United States over Taiwan was not broken, which was the basis for the approval of the act.
Upon passing the Taiwan Relations Act, the Congress also initiated a fundamental role in establishing the interests of the United States in the ROC on Taiwan, besides the need to protect the interests of Taiwan. The law was aimed at representing the interests of America not only in the country but also in the region.[11] Clearly, the United States Congress saw an important element that the president had ignored, which is the importance of maintaining the diplomatic and trade relations with Taiwan and the region. It was the Congress and not the president who ensured the continued association, security, and economic relationship, which is currently enjoyed by the two countries. The stability and security of Taiwan were at stake at the time, but the American Congress gave it a lease of life.[12] Probably, were it not for the Congress, the relationship between the United States and Taiwan would not have happened or would have taken more time to come into being.
Reasons for Congress’ Approval of the Act
The Congress was not in support of the president for the decision made in China, including termination of the governmental relationship between the US and the authorities governing Taiwan that the US had recognized as the Republic of China before 1979. As a result, the Congress realized the importance of such a policy for two main reasons. The first reason was to play a role in maintaining peace, stability, and security within the Western Pacific.[13] The second reason was the aim of promoting the United States foreign policy by allowing continued cultural, commercial, and other relationships between the people of Taiwan and the people of the United States. Under the act, the Congress saw the potential in maintaining the relationship with Taiwan, although the president at the time was more focused on the People’s Republic of China.
The United States Congress saw the stability and peace in Taiwan as being within the security, political, and economic interests of the US as well as a matter of global interest. The future of Taiwan was of great interest for the US Congress even amid the decision by the executive to enter into diplomatic relations with the PRC. Following the enactment of the Act, it was considered a threat to peace, but no other effort could determine the peace of the country apart from peaceful initiatives. The Congress realized the need to maintain security in the Western Pacific region. Apparently, the wellbeing of Taiwan was an issue of major concern for the Congress at a time when the executive was focused on establishing a relationship with the People’s Republic of China. For defensive purposes, the Congress endorsed assistance with arms to Taiwan.[14] The act would also prevent any use of force by the United States on Taiwan that would threaten the security and economy of Taiwan.
The passing of the act clearly indicates an event where Congress used its power over and above that of the executive. The language used in drafting the act, and the process itself reflected the exercise of the power of the Congress in influencing foreign policy. While the Congress might not have the absolute power over the making of the foreign policy, its influence over the process could not be ignored.[15] The Congress held hearings and framed the public opinion and going over executive’s opposition to visit Taiwan; the Assembly was able to get results. However, the Congress could not have been able to operate alone without the input of the president. The Congress required the decisions of the Executive to approve the proposed Act. On the other hand, Congress would continue to provide checks on the power of the president through the oversight. The event subjected future decisions by the executive to the Congressional Power of the Purse. The Congress was able to achieve this because of the considerably low level of threat, high public opinion level, the division within the executive, and the issue’s bipartisan character.
Concerns of the Congress Relating to the Policy Decision
The Congress had serious concerns surrounding the conditions that led to the signing of the Act. The primary concern was the recognition of the People’s Republic of China, which the Congress considered a Communist power. The policy decision was made at a time when the country had major concerns relating to the threat of communism. Another concern for the Congress, which differed with the President, was that the United States government should not have cut its relations with an alliance partner and a friendly government.[16] In fact, it was the first time the government of the United States had made such a foreign policy decision. Congress and the people of the United States, based on poll results, were not for the decision of the government to quit recognizing the Taiwan government as one of the conditions given by PRC. In essence, the Congress was also in opposition to the end of the Mutual Defense Treaty.
The act was passed around amid major changes and uncertainties in East Asia, which would definitely alter its future for decades. The Congress was concerned about the diplomatic relationship with the PRC, which was initiated by President Nixon and later completed by President Carter. The normalization of the United States-China relationship based on the rapprochement policy initiated by Carter brought about serious concerns in the Congress.[17] As a result, the act was signed, though unofficially and without diplomatic backing, as a security and diplomatic agreement. In addition, the signing of the act was completely contrary to the normalization agreement’s terms. Another issue surrounding the approval of the act by parliament was the unresolved status of Taiwan initiated by the United States-China normalization. The triangulated relations that were instigated by the act created the potential for international conflict between the United States, PRC, and Taiwan. Regardless, the passing of the act clearly revealed a break at the time between the legislative and executive arms of government in the United States.
Conclusion
The approval and passing of the Taiwan Relations Act were done in opposition to the power and decisions of the executive. In fact, it was adopted at a time when the United States sought to establish a relationship with the People’s Republic of China, accepting conditions that placed its relations with Taiwan at stake. Traditionally, the power over foreign policy decisions belongs to the president. However, in this one case, the Congress came out openly to challenge the efforts of the executive to remedy the situation in Taiwan. Clearly, the Congress was not prepared to support and approve a policy on China that it considered weak, leading to the passing of the act. The response of the Congress to the decision made by the president represented a pendulum swing of presidential power to the Congress. There were conditions that made the decision possible, including the public opinion, the weakness of the decision made by the president, and the threat of communism among others. As a result, history was made in the country when the Congress acted in such a way that rather than providing the traditional checks and balances, it took the foreign policy power away from the president.
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