“Invitation to Struggle”
Edition label: 2026-10
Definition: The canonical mid-20th-century constitutional-theory formulation of the structural relationship between the President and Congress on foreign policy and national security, originating with Edward S. Corwin’s The President: Office and Powers (1940; 5th rev. ed. 1984).12 The formulation:
“[T]he Constitution, considered only for its affirmative grants of powers capable of affecting the issue, is an invitation to struggle for the privilege of directing American foreign policy.”3
— Corwin et al., The President: Office and Powers, 1787-1984 (5th rev. ed. 1984), p. 201.4
Overview
Corwin’s formulation establishes that the U.S. constitutional architecture does not pre-determine which branch should have substantive authority over foreign policy and national security; instead, the architecture creates a structural incentive for inter-branch conflict that is resolved (when resolved at all) through political and institutional processes rather than through clear constitutional text.5 The “invitation to struggle” is descriptive — it does not prescribe an outcome, only a structural feature of the inter-branch relationship.
The formulation provides a constitutional-theory baseline for modern intelligence-oversight literature:
- Bruemmer (1992) adopts Corwin’s formulation as the framing for his argument that both President and Congress should decline the “invitation to struggle” and proceed by cooperative reorganization (President proposes; Congress approves up-or-down).6
- Harold Koh, The National Security Constitution (1990) offers “fast-track approval” as a model for foreign affairs legislation; according to Koh, the Iran-Contra scandal demonstrates that the “deeper systemic flaws” exposed by Vietnam and Watergate were never remedied.7
- Glennon, Double Government (2014) expressly invokes Corwin, arguing that the apparent balance among the branches is not the outcome of the struggle Corwin described: all three Madisonian institutions (the courts, Congress and the presidency) have lost effective authority to the Trumanite bureaucratic network.8
- The temporal-evaluation problem in Cormac et al. (2022) may be compared to an “invitation to struggle,” but this is an analogy made here; Cormac et al. do not invoke Corwin or an interbranch-struggle framework.
Analytical significance
One possible interpretation applies Corwin’s formulation to the executive-counter-mobilization pattern described by Olmsted (1996) and Kitts (1996), with related evidence in McCormick & Smith (1987): when constitutional architecture invites struggle but supplies no decisive resolution mechanism, the executive branch’s greater institutional resources, faster decision-making, and control of classified information may give it an advantage in contests over intelligence reform.9
Bruemmer, a former Central Intelligence Agency (CIA) General Counsel writing in private practice and expressing his own views, recommends cooperative procedures using the Defense Base Closure model while favoring presidential leadership.10
Related Entities
- Edward S. Corwin — formulator
- Russell J. Bruemmer — modern adopter in intelligence-reorganization scholarship
Related Concepts
- Executive-branch counter-mobilization — executive responses to congressional investigation
- Declassification monopoly — control of classified information
- Security commission pattern — executive investigative commissions
Source References
- Bruemmer, Intelligence Community Reorganization (1992) — quotes Corwin’s 5th revised edition at pp. 201 and 25511
- Cormac, Rory, Calder Walton, and Damien Van Puyvelde. “What Constitutes Successful Covert Action? Evaluating Unacknowledged Interventionism in Foreign Affairs.” Review of International Studies 48, no. 1 (2022): 111–128. https://doi.org/10.1017/S0260210521000231.
- Corwin, Edward S. The President: Office and Powers, 1787-1948: History and Analysis of Practice and Opinion. 3rd rev. ed. New York University Press, 1948.
- Glennon, Michael J. “National Security and Double Government.” Harvard National Security Journal 5 (2014): 1–114.
- Kitts, Kenneth. “Commission Politics and National Security: Gerald Ford’s Response to the CIA Controversy of 1975.” Presidential Studies Quarterly 26, no. 4 (Fall 1996): 1081–1098.
- McCormick, James M., and Steven S. Smith. “The Iran Arms Sale and the Intelligence Oversight Act of 1980.” PS 20, no. 1 (Winter 1987): 29–37. https://doi.org/10.2307/419267.
- Olmsted, Kathryn. “Reclaiming Executive Power: The Ford Administration’s Response to the Intelligence Investigations.” Presidential Studies Quarterly 26, no. 3 (Summer 1996): 725–737.
Open Questions
- Does Corwin’s “invitation to struggle” formulation account for Glennon’s observation that the courts, Congress and the presidency have all lost effective authority to the Trumanite network,12 or does the framework need revision to account for that network? Would such a revision change the predicted outcomes of executive counter-mobilization?
- Does Corwin’s formulation explain declassification monopoly, the Intelligence Coordinating Group, the security commission pattern, the “rogue agency” narrative, and National Security Decision Directive 286 (NSDD-286) plus Intelligence Authorization Act for Fiscal Year 1991 (IAA-1991) as mechanisms of executive counter-mobilization?
- Given Bruemmer’s preference for presidential leadership and a secondary congressional role,13 how does his Defense Base Closure proposal relate to executive counter-mobilization?
- Does executive-branch conduct following Bruemmer’s 1992 proposal show that structural pressures override individual reform preferences, and what evidence would distinguish that explanation from competing accounts?
- Did the first edition of Corwin’s The President: Office and Powers already contain the “invitation to struggle” passage?