Exam 8: National Lawmaking Powers and the Regulation of Ustrade

Describe when the president may and may not act without specific Congressional consent.What are the ramifications of these differences?

A self-executing treaty is one that requires further presidential or legislative action for it to become binding law.

The Omnibus Act gives the president special authority to try and reduce barriers for American multinational firms operating in the telecommunications industry.

A treaty is an agreement or contract between two or more nations that is recognized and given effect under international or domestic law.

The Import-Export Clause of the U.S. Constitution: I. Prohibits the federal government from taxing exports. II. Prohibits the states from taxing either imports or exports.

Consider the interaction between and contradictions of the NAFTA Implementation Act and the U.S.Constitution's Treaty Clause.

Trade law has been used in the U.S.to further not only U.S.economic policy but also U.S.foreign policy.

The U.S.Constitution gives the president specific powers over foreign commerce and international trade.

A state's authority to tax a business engaged in foreign commerce is determined by:

In order for an executive agreement of the president concerning foreign affairs to be valid: I. A court must find that it is based on the president's inherent powers or authority granted by congress. II. It must be based upon an express power granted by the U.S. Constitution.

One argument in favor of a strong executive branch in international affairs is that the nation must "speak with one voice."

The drafters of the U.S.Constitution placed the power to regulate international trade equally in the state governments and federal government.

International trade law is public international law that regulates trade.

The U.S.Court of International Trade:

The negative implication doctrine means that state governments may not enact laws that impose a substantial burden on foreign commerce.

The president did not have authority under the International Emergency Economic Powers Act to ban travel to Libya during the Libyan problem.

The power of Congress "to regulate commerce with foreign nations and among the several states" is found in:

If the president feels that a foreign country has abused the human rights of its citizens,the president could:

Draft an amendment to any U.S.anti-discrimination law to contemplate exclusions for FCN Treaty partners.

Inherent powers are: I. Powers that the president derives from the U.S. Constitution. II. Used by the president to conduct foreign affairs.