Final answer:
The right to negotiate treaties and declare war is granted to the national government of the United States, with treaties typically negotiated by the President and ratified by the Senate. Individual states do not possess the power to make their own treaties, preserving the centralization of foreign policy at the federal level. Historical examples highlight the importance of these powers in international relations and law.
Step-by-step explanation:
The ability to create foreign policy, including the right to negotiate treaties and the right to declare war, is an essential element of national sovereignty and governance. Specifically, Article I, Section 8 of the U.S. Constitution grants the national government the power to regulate commerce with foreign nations and with Native American tribes, thereby acknowledging the authority to make treaties and recognize sovereign tribal entities. In the United States, this power is vested in the federal government, which means that individual states do not have the power to conduct their own foreign affairs or make their own treaties with other nations.
Historically, treaties made with Native American nations are a notable example of the use of this power. These treaties often granted certain rights to tribes, such as fishing rights, which were later upheld by federal courts in the 20th century. Additionally, international treaties, like the Paris Climate Accord, require signatories to modify domestic policies to meet international goals. The enforcement of treaties, whether they pertain to human rights or environmental standards, indicates the extent of a nation's commitment to international law and cooperative global governance.
When considering the right to declare war, Congress holds the authority, while the right to negotiate treaties is usually carried out by the President with the advice and consent of the Senate, as seen in historical examples like Jay's Treaty. These powers are critical in defining the role of the national government in international relations and the establishment of law.