Exam 8: National Lawmaking Powers and the Regulation of Ustrade

The International Trade Administration: I. Is part of the Department of Commerce. II. Investigates certain U.S. unfair import cases.

State governments may restrict imports in order to deal with public health and safety concerns.

The drafters of the U.S. Constitution believed: I. That economic disintegration could result if states were free to tax imports and exports. II. That the federal government should share regulation of international commerce with the states.

The Trading with the Enemy Act was used by President Nixon in the 1960s to avert a crisis that the U.S.was having in the foreign exchange and gold markets.

Caspiana is a small state located in Central Asia.Caspiana has been a staunch U.S.ally for many years and is an important source of many precious metals utilized by the defense industry in the production of advanced weaponry.U.S.defense contractors and the U.S.government have been Caspiana's primary customers for these precious metals,many of which are found nowhere else in the world.Additionally,Caspiana's territory has served as a base for U.S.antiterrorism efforts in Central Asia. Caspiana shares a border with Arala.Arala is a much larger state ruled by a military dictatorship and possessing a large military.However,Arala lacks the mineral wealth possessed by Caspiana.In recent years,Arala military forces have crossed the border,seized stockpiles of precious metals and returned to Arala.Last week,Aralan forces crossed the border with Caspiana and seized a portion of Caspiana's territory containing numerous precious metal mines.Arala subsequently declared the seized territory to be part of Arala. In response to this crisis,the president of the United States immediately negotiated an agreement with the government of Caspiana providing that U.S.forces would terminate Arala's occupation through military force and would establish a permanent base in the country.The president signed this agreement without prior consultation with or the receipt of authorization from the U.S.Congress.The president claimed that such consultation and approval were not necessary. What type of agreement has the president negotiated with Caspiana? What do such agreements provide? Utilizing the opinion in Dole v.Carter,would a judicial challenge to the agreement by a member of Congress be successful? Why or why not? What statute could the president utilize to respond to the crisis in Caspiana? When may this statute be utilized? What actions may the president take utilizing this statute?

The Bureau of Customs and Border Protection is administered by the:

If the president is negotiating a trade agreement with Germany over reducing tariffs on telephone switching equipment and he wants to make sure there will be no problems with its passage,he can:

Which of the following is true about IEEPA?

The Commerce Clause vests the federal government with limited control over foreign commerce.

Recalling the issue in Japan Line,Ltd.v.County of Los Angeles,write an international agreement on the taxation of cargo containers.

Under the Reciprocal Trade Agreements Program,if the U.S.were to lower an existing tariff on an imported product from Country A,Country A need not lower the tariff on that same product imported from the U.S.but must lower tariffs on some product imported from the U.S.

The International Trade Commission is:

The Omnibus Act provides a fast-track procedure for approving trade agreements whereby the president can declare the agreement to be law.

The president derives his power and authority to deal with foreign commerce and international trade from all of the following sources except:

Xerox Corp. manufactured parts for copy machines in the U.S. that were shipped to Mexico for assembly. The copiers were designed to be sold to Latin America and did not operate on U.S. electric current. The copiers after assembly were kept in U.S. customs warehouses pending sale to Latin America. These goods were free of import duty by federal law. The city of Houston, Texas, assessed these copiers with a local property tax. Xerox sued to have this tax declared unconstitutional. The court decided: I. That Xerox must pay all this tax because state/local governments have taxing powers just like the U.S. II. That Xerox must pay only one-half since state/local governments are one-half partners with the federal government. III. That this law is preempted by federal law.

The Reciprocal Trade Agreements Program provides the president with a mechanism:

There is uniform support for the use of trade policy as a tool for the implementation of foreign policy.

The Department of Treasury has the broadest authority over international trade of all department level agencies.

Examples of self-executing treaties include the Warsaw Convention,the Hague Convention,and the Convention on Contracts for the International Sale of Goods.

(This may require outside research.)Compare and contrast the provisions of at least two U.S.FCN Treaties.