All of this is, of course, nonsense if the federal government has inherent foreign affairs power
and the constitutional clauses are meant only to allocate that power between the President and Congress.
nonprofit corporation that represents companies engaged in foreign commerce, had 34 of its members on Massachusetts' "restricted purchase list." In 1998, the National Foreign Trade Council filed suit against Massachusetts in federal District Court, arguing that the state law unconstitutionally infringed on the federal foreign affairs power
of the president.
"State interests, no matter how noble, do not trump the Federal Government's exclusive foreign affairs power
", the court said.
The focus in Part IV is on the shifting of foreign affairs power
, which is particularly common.
(354) The collection of foreign intelligence was a concomitant of the President's foreign affairs power
Article II, section 1 continued the Anglo-American constitutional tradition of locating the foreign affairs power
generally in the executive branch" (pp.
(34) The second type of preemption, referred to as the dormant foreign affairs power
, has historically generated a much greater amount of adjudicatory inconsistency.
Occasionally, however, in the absence of any conflict, the Court has declared state laws to be incompatible with the federal government's foreign affairs power
. ..." [Slip op.
Professor Robert Ahdieh's contribution picks up on the utility of embracing the structures of federalism to complement traditional understandings of national foreign affairs power
. (85) Ahdieh posits that two frequent claims of foreign affairs constitutionalism and international law--that a coherent foreign affairs regime requires a unitary voice, and that international law silences sub-national interests--are wrong.
federal foreign affairs power
; (82) the Supreme Court, however, took a
46); "In considering the foreign affairs power
, the Framers would have looked to recent British political history as much as to intellectual thought on the separation of powers" (p.
or to pass on the 1st Circuit's rulings addressing the foreign affairs power