A Review of the 1976 Arms Export Control Act

In the post-World War II era, right up until 1970, the United States Congress generally allowed the President to decide foreign policy. In the ‘70s, however, in response to what was seen as executive mismanagement of foreign affairs, Congress began to reassert itself as a power in the foreign policy arena. This resurgence took the form of Congress legislating itself greater authority in foreign affairs: the War Powers Act of 1973, which gave Congress greater oversight in the deployment of troops abroad, and the Hughes-Ryan amendment to the 1974 Foreign Aid Bill, which gave Congress greater oversight in covert operations conducted by the CIA, are clear examples of this type of legislation. Another example is the 1976 Arms Export Control Act, (AECA), which gave Congress the power to deny arms sales to certain countries.

Up until the AECA, the executive branch viewed the negotiations, acceptance and/or refusal of arms sales as falling within the President’s domain, and Congress generally agreed. Supporters of the President having exclusive power over arms deals pointed to the Constitution: "The President shall be Commander in Chief of the Army and Navy of the United States..." (The Constitution, Article II, Section II). This meant, supporters argued, that the President also had the power to command and allow any arms sales that he desired to, as long as they did not threaten the safety of the country.