Washington University Journal of Law & Policy Volume 45 New Directions in Global Dispute Resolution 2014 “I Will Make the Treaty”: Breaking the Executive Branch’s Monopoly over Foreign Policy through Constructive Use of Dissent Elad Gross Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Law Commons Recommended Citation Elad Gross, “I Will Make the Treaty”: Breaking the Executive Branch’s Monopoly over Foreign Policy through Constructive Use of Dissent, 45 WASH. U. J. L. & POL’Y 259 (2014), https://openscholarship.wustl.edu/law_journal_law_policy/vol45/iss1/14 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. “I Will Make the Treaty”: Breaking the Executive Branch’s Monopoly over Foreign Policy through Constructive Use of Dissent Elad Gross* I. INTRODUCTION Thousands of lives, the national treasury, and the continuation of a years-long war hung in the balance when, in 1848, Nicholas Trist, the United States Deputy Secretary of State, sat across the negotiating table from his Mexican counterparts.1 President James K. Polk had ordered Trist to return home from Mexico five months earlier.2 But Trist disobeyed, and instead continued to negotiate with the Mexican representatives.3