- Holding: Burma Law of Massachusetts, restricting the authority of its agencies to purchase goods or services from companies doing business w/ Burma, is invalid under the Supremacy Clause of the Constitution b/c of its threat of frustrating federal statutory objectives.
- Can states pass statutes that affect intl law? What about “buy America” statutes? Reality today, however, come cities have foreign affairs—not clear. Commerce Clause says Congress has the pwr.
- Reasons here: ct thinks fed statute was more reasonable approach, EU upset and WTO—state interference; division of power here; foreign policy issues (state making it very difficult for foreign policy).
- Ct cld have back pedaled a little—must defer to fed govt w/ foreign affairs.
- N. 2, p. 232—cf. Crosby w/ Alvarez. Why follow traditional law here? If occupied by fed govt, states can’t act on foreign affairs. Muth: Doesn’t know how far to carry this deference to the federal govt.
- N. 3, p. 232—What if fed govt hasn’t enacted fed legislation? Probably, Muth Says, dormant commerce clause wld still pre-empt state law.
- Problem now: hard to distinguish foreign affairs from domestic affairs.
- Recent developments: Peru—US gave no warning to embassy to try for murder-DOJ says no stay—went ahead w/ execution). Germ got a temporary injunction from the ICJ, but the US wldn’t listen.
Sunday, March 25, 2012
Crosby v. National Foreign Trade Council case brief
Crosby v. National Foreign Trade Council (S Ct 2000)
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