LEGL 4900 EXAM #2 - CH 8

US v. Curtiss-Wright Export Corp.

The Court held that the President's embargo against gun sales to Bolivia and Paraguay was constitutional, since the President has broad, exclusive power as the sole organ of the federal government in foreign relations.

USTR

U.S. Trade Representative - used for develops trade policy through a cabinet-level executive branch position

Tariff Act of 1930

U.S. trade legislation that raised tariff rates on most articles imported by the United States, triggering comparable tariff increases by U.S. trading partners. The Tariff Act of 1930, which has been amended by subsequent trade legislation, is also known as the Smoot-Hawley Act. been amended many times

federal agencies affecting trade

US Department of Commerce US Department of Homeland Security US Trade Representative US Department of Treasury International Trade Commission US Court of International Trade

carries on all bilateral and multilateral trade negotiations on behalf of the US, principle advisor on trade matters to the president, represents US at WTO meetings

US Trade Representative

Dole v. Carter

action brought on by a US senator against president to enjoin him from returning the Hungarian coronation regalia to Hungary, filed injunction against delivery of crown to hungary bc such action was tantamount to a treaty undertaken by the president without the prior advice and consent of the senate plaintiff's motion for injunction was denied. agreement to return the regalia was found to be not a treaty requiring ratification of the senate, but a valid executive agreement based on the president's inherent power

___ vests the federal government with exclusive control over foreign commerce

commerce clause

___ means that any trade advantage (such as reduced tariff rate) applied to an item imported into a country will also be applied to the same or like items coming from another country, provided that the country reciprocates and lowers its tariff rates in an equivalent amount in return

conditional MFN (most favored nation) trade

the reciprocal trade agreements act also introduced the concept of unconditional most favored nation or MFN trade, and is characterized as

conditional or unconditional

___ are an international agreement between the president representing the US, and a foreign country, negotiated and concluded by the president and voted into law by a simple majority vote of senate and house. same as treaties but they are entered into without resort to the treaty process. their legal nature is different!!

congressional executive agreements

Star-Kist Foods, Inc. v. United States

constitutionality of the tariff setting process of the reciprocal trade agreement was upheld against a charge that it was an unconstitutional delegation of power by congress to the president congress sided with the United States in that it was constitutional

why does the president prefer congressional executive agreement process to the treaty process?

easier to pass with a simple majority vote

these are used when responding to international emergencies

emergency powers

this is the concept describing the idea that treaties are binding on both federal and state governments with the same force as an act of congress, both statutes and treaties are of equal importance

equal dignity rule

usually less formal than an executive order, and it often states in its text that it does not create enforceable legal rights. used to give guidance or delegate routine presidential functions to lower government officials. little difference between this and an executive order besides the formalities

executive memorandum

___ is an official legally binding regulation that is issued by the president, usually addressed to government officials, and used to set policy and direct government operations

executive order

___ and ___ are published in the federal register

executive orders and presidential proclamations (exec memo will not show up in register unless pres intends for it to have legal effect and requests it to be published)

___ usually refers to a trade agreement with broader coverage that establishes a free trade area in which special tariff and customs provisions govern the flow of trade between the participating countries . have few or no tariff or trade restrictions

free trade agreement

benefits of unconditional MFN trade

helps lower global tariff rates much faster, more fair, equal treatment without discrimination (this is the type the US typically does) also called "normal trade relations"

those powers that are expressly granted to the president in article II

inherent powers, these are known for not being clearly defined

this act enables the president to block financial transactions or restrict the flow of trade with countries, or seize the assets of governments, individuals, or organizations responsible

international emergency economic powers acts

independent agency of government conduct investigations on international economics

international trade commission

how does one country grant MFN status to another?

international treaty or or congressional executive agreement , and the executive branch negotiates the tariff rates

example of a sole executive international agreement

legally binding contract with a foreign country to lease property for the site of an american embassy, agreement for scientific cooperation or the exchange of technical info

___ occurs when the same service or property is subjected to the same or similar tax by the governmental authorities of more than one nation

multiple taxation

Japan Line v. County of Los Angeles

multiple taxation issue case japan said tax on keeping their containers there for only three weeks a year in the US for the purpose of international commerce is invalid bc it subjected them to multiple taxation in japan and in the us supreme court upheld the statute and the Japan Line appealed

does the house of reps vote on treaties?

no

any barrier other than a tariff that has the effect on prohibiting or discouraging imports

nontariff barrier

unlike treaties, congressional executive agreements ___, instead they are a compromise between the congress and the president

not described in the constitution

what are some of the article II powers of the president

power to make treaties (w/ advice/consent of senate) conduct foreign affairs appoint ambassadors to receive foreign ambassadors act as commander in chief appoint judges to the supreme court "take care clause"

to avoid a rejection by congress or to avoid delay or being passes, the trade reform act of 1974 set up a "fast track" process for approving trade agreements known as ___. gives president limited and temporary authority to negotiate trade agreements pursuant to objectives laid out by congress

president's trade promotion authority

___ is a statement or a declaration of the president usually addressed to the general public announcing a finding or commemorating an event. often used pursuant to statute in implementing the trade and tariff laws

presidential proclamation

import-export clause

prohibits states from taxing both imports and exports

reciprocal trades agreements act of 1934

provided the president with with authority needed to lower tariffs after roosevelt struggled to get them lowered during the crisis, created a partnership between executive and congressional branches in setting tariff and trade policy. mechanism for lowering smoot-hawley tariff rates, encouraging other countries to lower their tariffs as well

authority to negotiate tariff reductions on a product-by-product basis with other countries on the basis of ___

reciprocal trade (if US lowers, then another country will in return and reciprocate)

statutes and joint resolutions can be passed on a ___ basis of both houses

simple majority

___ is an executive international agreement negotiated and put into legal effect without congressional approval

sole executive international agreement

When state and federal laws differ:

supremacy clause - federal preemption

___ is the agreement to reduce a tariff to a specified level

tariff concession

___ is an international agreement between nations on matters related to trade and and tariffs. not just tariffs though, they deal with a number of different topics

trade agreement

law that grants favorable trade and tariff treatment to products coming from developing countries, intended to aid in economic development

trade preference

which rates are lower: trade preferences rates or MFN rate?

trade preferences rates

treaties of the US can be found in the US State Department documment, ___

treaties in force

___ refers to the authority of the US to enter treaties pursuant to artice ii of the constitution

treaty power

T/F - free trade agreements can be put into place by not only a treaty but also a congressional executive order

true

in the event of a conflict between a treaty and statute, the last in time prevails. for example, a treaty will override an inconsistent prior act of congress. similarly, an act of congress can override an inconsistent prior treaty

true

sole executive international agreements are based on presidential powers inherent to being chief executive or commander in cheif or is arises pursuant to existing legislation

true

the power of a order, memo, or proclamation is not expressly stated but derived from the executive power

true

___ means that any new lower tariff rates that applies to an item imported from one MFN trading partner automatically applies to the same or like items imported from all other nations that are in MFN status with the importing country, without any concession being required from these nations in return ex. if us negotiates a lower tariff rate on raw shrimp coming from one MFN trading nation, then that rate automatically applies to raw shrimp coming from all other MFN nations without them having to do anything in return

unconditional MFN trade

broad authority over many international trade issues, fostering trade and promoting trade

us department of commerce

protects the us

us department of homeland security

allows multinational corporate taxpayers the option of excluding the income of related entities that are incorporated in a foreign country or that earn a majority of their income in a foreign country

water's edge election

does the pres have the right to make executive international agreements?

yes!!

what are the new areas of concern for trade objectives?

1) removing trade barriers in high technology industries 2) removing barriers to trade in services 3) protection of intellectual property and investment concerns into trade laws 4) negotiating free trade areas 5) commitment to formalize multilateral trade negotiations and dispute settlement procedures in one permanent international org.

Youngstown Sheet & Tube Co. v. Sawyer

Case in which the Supreme Court placed limits on the executive power of the president. truman relied on his inherent power as cheif executive and as commander in chief of the armed forces to issue an executive order forcing the continued operation of the nation's steel mills during korean war in the face of a threatened labor strike ruling was that he was not acting pursuant to an act of congress, seize of private property during wartime was not justified

Arizona v. United States

Do federal immigration laws deny Arizona's law attempting to remove aliens from the state? Yes on most parts, however legally detained individuals may be checked for citizenship - police can't just stop anyone for citizen check.

sole executive international agreements are used as treaties or substitutes to treaties and are used to set national policy

FALSE

t/f - state governments restrictions on imports are unlimited

NO - they are severely limited

is the authority to tax exports allowed in the federal government?

NO, however there is a difference between a tax on an export and user fees