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

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Question 1

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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.  Which of the following statements are true?

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.

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Question 2

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Under the Constitution, a treaty is considered:

A) "non-binding and discretionary."
B) "unenforceable."
C) "law of the land."
D) none of the above.

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C

Question 3

Multiple Choice

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Which law imposed the highest tariffs in U.S. history, causing worldwide retaliation?

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.

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.

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. Court of International Trade:

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

Congress grants the president emergency powers for responding to international emergencies, which are defined as:

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.

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

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

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.

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

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:

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

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

The International Trade Commission is:

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