Deck 8: National Lawmaking Powers and the Regulation of Ustrade

Question 1

There is very little debate over how the U.S.Constitution divides power over foreign affairs and foreign trade between the Congress and the president.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

A convention is a multilateral agreement on matters usually related to commercial issues of common concern.

Answer 3

True

Question 4

The unconditional most favored nation policy provides that a lower tariff rate negotiated with one nation automatically grants lower tariff rates to like products imported from all nations that stand in most favored nation status with the U.S.

Question 5

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

Question 6

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

Question 7

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

Question 8

The Trading with the Enemy Act was passed for the purposes of allowing the U.S.to sell arms to friendly nations.

Question 9

The Cuban Asset Control Regulation and the U.S.Arms Export Control Act share in common the requirement that a license must be obtained in order to engage in certain activities.

Question 10

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

Question 11

Congress has delegated to the president the authority to carry out the trade policies that it has set by statute.

Question 12

The Trade Act of 1974 and Omnibus Act give the president broad powers to deal with a range of complex international economic problems.

Question 13

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

Question 14

International trade law is public international law that regulates trade.

Question 15

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.

Question 16

Throughout history,U.S.presidents have utilized executive agreements to conduct foreign affairs even though these agreements are not specifically provided for in the Constitution.

Question 17

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

Question 18

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

Question 19

The main objective of U.S.trade law has been solely to discourage trade with unfriendly nations.

Question 20

The primary instrument for effectuating trade relations is the protocol.

Question 21

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

Question 22

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.

Question 23

Under the equal dignity rule,statutes and treaties are of equal legal importance.

Question 24

Whether a treaty is self-executing or not depends on how a U.S.court interprets the language of the treaty and the history surrounding its negotiation and approval.

Question 25

While the Commerce Clause restricts what states may do as to imports,it places no restrictions on state actions as to exports.

Question 26

Treaties of friendship,commerce,and navigation are non-self-executing bilateral agreements that provide legal protection to foreign nationals doing business in a host country.

Question 27

A state's authority to tax a business engaged in foreign commerce is determined by the country with which the business trades.

Question 28

Under the Constitution,a treaty is considered:

A) "Non-binding and discretionary."
B) "Unenforceable."
C) "Law of the Land."
D) None of the Above.

Question 29

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.

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 30

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

Question 31

Under the Supremacy Clause of the Constitution,where a law of the federal government directly conflicts with a state law,the federal law will prevail.

Question 32

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

Question 33

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

Question 34

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

Question 35

If a conflict arises between the terms of a treaty and a statute,the first in time will prevail.

Question 36

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

A) Art. III, Sec. 1 of the U.S. Constitution.
B) Art. I, Sec. 8 of the U.S. Constitution.
C) The Declaration of Independence.
D) The Preamble to the U.S. Constitution.

Question 37

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

A) Powers delegated to him by Congress.
B) His authority as commander in chief.
C) His "inherent" executive power.
D) His judicial power delegated by the courts.

Question 38

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

Question 39

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

Question 40

In Star-Kist Foods,Inc.v.United States,Star-Kist complained that the president's authority under the Reciprocal Trade Agreement Act of 1934 was unconstitutional.Star-Kist sought to challenge a presidentially lowered tariff on canned tuna imported from Iceland.

A) Star-Kist won because the congressional delegation of authority was vague and indefinite as to the policies or objectives sought.
B) Star-Kist won because of the lack of a standard or "intelligible principle" upon which presidential action could be judged.
C) Star-Kist lost because they lacked "standing" to protest the president's action; only Congress could object by means of a concurrent resolution.
D) Star-Kist lost because the court determined that the 1934 statute had provided a sufficiently discernible standard to guide presidential action.

Question 41

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.

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 42

During the 1940s,the U.S.instituted a price support system for American potatoes.Congress had addressed the problems of agricultural imports in the Agricultural Act of 1948.The U.S.Secretary of State entered into an executive agreement with Canada that would permit only seed potatoes to be imported into the U.S.This agreement was not submitted to or approved by congress.A potato importer imported potatoes into the U.S.for A & P grocery stores for resale.When the court tried this case brought by the U.S.against the importer:

A) The court found for the importer because the executive agreement was entered into without Congressional approval.
B) The court found for the U.S. because this was an executive agreement provided for by the president.
C) The court used the "first in time rule" and found for U.S. since Congress and the president are equal.
D) None of the above is correct in this situation.

Question 43

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

A) For lowering U.S. tariffs and encouraging other countries to lower their rates as well.
B) For setting quotas on products that can be imported into the U.S.
C) For providing financial assistance to U.S. companies exporting to foreign countries.
D) For lowering U.S. tariffs by threatening or imposing an embargo on another nations' products.

Question 44

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

A) The negative implication doctrine.
B) The multiple taxation doctrine.
C) The Monroe Doctrine.
D) Both A and B.

Question 45

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

A) Department of Commerce.
B) Department of State.
C) Department of Treasury.
D) Department of Homeland Security.

Question 46

The U.S.Court of International Trade:

A) Has authority over all tax questions dealing with Revenue Raising.
B) Hears cases dealing only with U.S. Customs issues.
C) Hears cases arising under the trade and tariff laws of the U.S.
D) Has no jurisdiction over the collection of tariffs or duties.

Question 47

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

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 48

Which of the following is true about IEEPA?

A) IEEPA was used as the basis for presidential sanctions against Iraq, South Africa, Libya, and Haiti, among others.
B) Sanctions are administered through the Department of Justice.
C) IEEPA sanctions can be rendered void by majority vote in the General Assembly.
D) Termination of U.S. companies' business contracts with countries such as Iraq or Libya can result in successful "takings" claims against the United States.
E) Two of the above.

Question 49

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

A) Probably not do much from a trade standpoint since this is a political matter.
B) Invoke the Trading with the Enemy Act to develop sanctions.
C) Request he be given authority under Reciprocal Trade Agreements Act.
D) Impose economic sanctions under the International Emergency Economic Powers Act.

Question 50

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:

A) Call the Speaker of the House and President Pro Tem of the Senate to get their assurances of passage.
B) Declare through Presidential Proclamation that it will be law.
C) Seek fast-track approval with Congress prior to the trade agreement being concluded.
D) None of the above.

Question 51

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.

A) I only.
B) II only.
C) III only.
D) Both I and III.

Question 52

The United States Trade Representative is:

A) A cabinet level post reporting directly to the president that carries on trade negotiations for the U.S.
B) The one that administers the Bureau of Customs and Border Protection.
C) The one that represents the U.S. at all GATT meetings.
D) Both A and C.
E) Both B and C.

Question 53

Compare and contrast the Treaty Clause and the Commerce Clause (and the powers that flow from each).

Question 54

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

Question 55

The International Trade Commission is:

A) The agency that collects customs duties.
B) The agency that prepares reports on matters related to international economics and trade for Congress.
C) The agency that promotes U.S. trade with other countries.
D) None of the above.

Question 56

Treaties of friendship,commerce,and navigation (FCN treaties)usually include the following except:

A) Establishment of subsidiary corporations.
B) Establishment of wage standards for foreign nationals.
C) Free flow of capital and technology.
D) Right of travel and residency.

Question 57

In Dole v.Carter,the court considered Senator Robert Dole's complaint that the president be enjoined from returning the Hungarian coronation regalia to Hungary.The court:

A) Dismissed the case because it was not "ripe" for adjudication.
B) Enjoined the president from ordering the return of the crown until a formal treaty could be ratified by Congress.
C) Determined that under existing protocols with Hungary, the crown could not be returned until the year 2000.
D) Considered the executive agreement to be in accord with an earlier treaty between Hungary and the U.S.
E) Considered the president's agreement to return the crown as validly done pursuant to the president's inherent constitutional authority (as an "executive agreement").

Question 58

Compare and contrast the powers of Congress and the president with regard to the regulation of trade (for example,customs and imports).

Question 59

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

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 60

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.

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 61

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?

Question 62

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

Question 63

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

Question 64

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

Question 65

Identify an existing FCN Treaty between the U.S.and a foreign trading partner.Update this FCN Treaty as though it were being drafting today,under present political and economic conditions.

Question 66

Weigh the relative merits and detriments of FCN treaties.

Question 67

Weigh the relative value and risks of fast-rack regulation.

Question 68

What are the similarities and differences between a bi-lateral treaty with a foreign nation and an executive agreement with such a nation?

Question 69

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