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Foreign Affairs Power

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Under International Law a state has the right to enter into relations with other states. This power to conduct foreign affairs is one of the rights a state gains by attaining independence. The division of authority within a government to exercise its foreign affairs power varies from state to state. In the United States that power is vested primarily in the president, although the Congress retains important express and implied powers over international affairs.



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If a treaty is self-executing, or if it has been implemented by congressional legislation, the President's foreign affairs power does not rescind its domestic law effect.
The Court invalidated the California statute--despite the absence of any federal law expressing an intent to preempt state law--based on the dormant foreign affairs power of the president.
It filed suit against state officials in federal court, claiming that the state law unconstitutionally infringed on the federal foreign affairs power, violated the Foreign Commerce Clause, and was preempted by the federal act.
 
 
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