Question 1

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

Accepted Answer

The negative implication doctrine is based on the dormant Commerce Clause and prohibits state governments from enacting laws that discriminate against or unduly burden foreign or interstate commerce.

Question 2

The Import-Export Clause gives power to the federal government and state governments to tax exports and imports.

Accepted Answer

The Import-Export Clause of the United States Constitution (Article I, Section 10, Clause 2) specifically prohibits states from imposing taxes on imports or exports without the consent of Congress, effectively giving the federal government exclusive power over trade tariffs.

Question 3

A state's authority to tax a business engaged in foreign commerce is granted by the Commerce Clause.

Accepted Answer

The Commerce Clause grants Congress the authority to regulate foreign commerce, and this includes the power to tax businesses engaged in such commerce. However, there are limitations and restrictions on how states can exercise this taxing authority.

Question 4

The main objective of U.S. trade law has been solely to discourage trade with non-free market nations.

Accepted Answer

While promoting free trade with other nations is an important objective, U.S. trade law also includes provisions to protect domestic industries, enforce environmental and labor standards, and address other economic and national security concerns.

Question 5

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

Accepted Answer

When dealing with other countries and international organizations, it is important for the United States to have a unified message and approach. A strong executive branch can ensure consistency and clarity in foreign policy decisions and communication, which can enhance the nation's credibility and bargaining power.

Question 6

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

Accepted Answer

The Omnibus Act does not provide a fast-track procedure for approving trade agreements. It is a law that was passed in 1993 to improve the efficiency of the congressional committee system.

Question 7

State governments may restrict imports in order to deal with public health, safety concerns and  sanction for violation of international law.

Accepted Answer

State governments in the United States do not have the authority to regulate or restrict imports as this power is reserved for the federal government under the Constitution, specifically through the Commerce Clause.

Question 8

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

Accepted Answer

The answer of While the Commerce Clause restricts what states...

Question 9

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

Accepted Answer

This is the definition of a treaty as recognized by international law.

Question 10

The Commerce Clause vests the federal government with unlimited control over domestic commerce and limited power over foreign commerce.

Accepted Answer

The Commerce Clause grants the federal government power over both foreign and domestic commerce, but it is not unlimited. The Supreme Court has placed some constitutional limits on the federal government's authority to regulate commerce.

Question 11

The U.S. Constitution gives the president broad  powers over foreign commerce and international trade without consultation with Congress.

Accepted Answer

While the Constitution gives the president authority to negotiate treaties and appoint ambassadors with the advice and consent of the Senate, the power to regulate commerce with foreign nations is granted to Congress in Article I, Section 8. Therefore, the president's power over foreign commerce and international trade is not without limits and generally requires consultation with Congress.

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 and to negotiate the reduction of non-tariff barriers.

Accepted Answer

The Trade Act of 1974 and Omnibus Act do indeed give the president broad powers to deal with complex international economic problems and negotiate the reduction of non-tariff barriers.

Question 13

Under the equal dignity rule, statutes and treaties with inconsistent provisions are resolved under the rule that the last in time prevails.

Accepted Answer

The equal dignity rule usually applies to conflicts between state and federal law. It states that if a state law conflicts with a federal law, the federal law prevails. However, if the state law is enacted after the federal law, and the state law does not conflict with the federal law, the state law prevails. This rule also applies to conflicts between treaties and statutes.

Question 14

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

Accepted Answer

Trade law has been used by the U.S. government to not only promote U.S. economic interests but also as a tool of foreign policy, promoting democracy, security, and human rights in other countries. Some examples include imposing trade sanctions on countries that violate human rights or support terrorism, promoting free trade agreements with allies, and using trade negotiations as part of diplomatic efforts.

Question 15

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

Accepted Answer

The Department of Commerce has broad authority over international trade, including export controls and commercial regulations, while the Department of Treasury primarily manages federal finances, including the imposition of financial sanctions.

Question 16

Under the Reciprocal Trade Agreements Act, the President has the power to lower an existing tariff on an imported product from Country A. On the basis of reciprocity, 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.

Accepted Answer

This statement accurately reflects the provisions of the Reciprocal Trade Agreements Act.

Question 17

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.

Accepted Answer

The Supremacy Clause of the Constitution establishes that federal laws will take precedence over state laws in cases where there is a direct conflict. This means that the federal government has ultimate authority in certain areas, such as foreign policy and interstate commerce, and that state laws cannot supersede federal laws in these areas.

Question 18

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

Accepted Answer

The president has been delegated the authority to carry out the trade policies set by Congress through various statutory provisions, such as the Trade Act of 1974 and the Trade Expansion Act of 1962. However, the president's trade policy decisions are still subject to oversight and approval by Congress.

Question 19

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.

Accepted Answer

The division of power over foreign affairs and foreign trade between Congress and the President is a subject of ongoing debate and interpretation. The Constitution provides both branches with specific powers that sometimes overlap, leading to disputes over authority and jurisdiction.

Question 20

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.

Accepted Answer

The statement accurately describes the unconditional most favored nation policy.

Quiz 8: National Lawmaking Powers and the Regulation of Us Trade