The Distribution of National Regulatory Powers: Foreign Affairs and the War Powers Flashcards
United States v. Curtiss-Wright Export Corp.
The president’s powers must be interpreted different regarding foreign affairs and domestic issues. The president’s powers are broader regarding foreign affairs. The president put an embargo on goods from Paraguay and Bolivia per a joint resolution with Congress.
This is still good law but also criticized and avoided.
Dames & Moore v. Regan
The president may settle judicial claims when it’s necessary to resolve a major foreign policy dispute between America and a foreign nation and Congress accepts it without protest
Dames & Moore v. Regan
Issues
Whether the president have the power to nullify the Iranian assets and order their transfer to the International Claims Tribunal.
Whether the president have the power to suspend the claims against Iran currently pending in United States courts?
Dames & Moore v. Regan
Facts
Carter blocked the Iranians from their assets on American property and stopped legal claims against Iran in America after Iran took Americans hostage. The plaintiffs challenged the president’s constitutional and legal authority to do that.
Dames & Moore v. Regan
Reasoning
Carter’s freezing Iranian assets were supported by the International Economic Emergency Powers Act and the Hostage Act and so were in Jackson’s first category. Congressional legislation has approved the president having broad discretion in foreign policy and national security and has issued legislation (International Claims Settlement Act) to settle with foreign nations.. The IEEPA was not intended to “interfere with the authority of the President to [block assents].” President has the power to enter into executive settlement agreements with foreign governments without the Senate’s advice when it’s needed to settle major disputes. A long history of Congress not disputing this implies their assent. The president provided a forum to resolve the claims. So the president’s suspending the claims fell into Jackson’s second category
Dames & Moore v. Regan
Holding
SCOTUS affirmed the district court’s dismissal.
Zivotofsky v. Kerry
Congress may not pass a law that intrudes on the president’s authority recognize foreign states.
Zivotofsky v. Kerry
Issue
Whether Congress may pass a law which intrudes on the President’s authority recognize foreign states.
Zivotofsky v. Kerry
Facts
Congress passed a law allowing American citizens born in Jerusalem to list their birthplace on their passports as Israel. The president says it should be advisory, not mandatory because it infringed on his authority to decide how America recognized foreign nations.. Embassy officials refused to list the place of birth as Israel on a baby’s birth passport because the law conflicted with the president’s policy not to recognize that any country had power over Jerusalem
Zivotofsky v. Kerry
Reasoning
This fell in Jackson’s third category where the president acts on his own authority. Article II gives the power “receive Ambassadors etc.” to the president alone and the power to start negotiating treaties and nominate ambassadors. Plus the country must speak with one voice and history supports it.
Zivotofsky v. Kerry
Holding
Plaintiff could not list Israel as his birthplace
The President’s and Congress’s Constitutional War Powers
Congress (Article I § 8)
- Power of the purse
- To declare war
- To raise and support armies
- To provide and maintain a navy
- To make rules for the government and regulations of the land and naval forces
- To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions
Congress (Article II § 2)
- Two-thirds of the Senate must consent to treaties made by the president
Executive Power (Article II § 2)
- The president shall be Commander in Chief of the army and navy of the United States, and of the militia of the several states, when called into service of the United States
- He shall have the power to make treaties
Executive Power (Article II § 1)
- The executive power shall be vested in a president of the United States
War Power Act
Consultation – The president must consult with Congress before sending troops and regularly after that.
Reporting – The president should keep Congress updated and shall report at least every six months. The president must tell Congress about introducing troops to hostility within 48 hours
Authorization for Use of Military Force (AUMF)
This gave the president authority to use the armed forces to prevent further terrorism after 9/11.
Hamdi v. Rumsfeld
The plaintiff was an American citizen imprisoned in Afghanistan who challenged his detainment under the statute that prevents the detention of Americans without congressional authorization/ The court said the detainment was legal under the AUMF but the plaintiff had a right to a due process hearing.
