“The United States Constitution and Regulation of International Economic Affairs” Seminar for

1. “The United States Constitution and Regulation of International Economic Affairs” Seminar for MINISTRY OF JUSTICE by Alexander Koff U.S.-Vietnam Forum The Educational Affiliate of the U.S.-Vietnam Trade Council Sponsored by U.S. Agency for International Development 21-22 August 2000

2. Presentation Outline • The U.S. Constitution and International Economic Relations • Separation of Powers • The U.S. Constitution and the Federal System • The Supremacy Clause: Federal-State Relations • Scope of Powers: The Three Branches of Government • U.S. International Agreements • 5 Types of International Agreements • Recognition of International Agreements

3. The U.S. Constitution and International Economic Relations Separation of Powers Introduction to the Three Branches of Government • The U.S. Constitution and the Federal System • The Judicial Branch: the Courts (Art. III, Sec. 2) • The Executive Branch: the President (Art. II, Sec. 1 - 3) • The Legislative Branch: the Congress (Art. I, Sec. 8 and 10) • Supremacy Clause: Treatises and Federal Law Trump State Law (Art. VI) • Federal Action that Clashes with State Rules • Bethlehem Steel Corp. v. Board of Commrs. (1969) • Massachusetts-Burma Law (2000)

4. The U.S. Constitution and International Economic Relations Scope of Powers • The Judicial Branch: Judicial Review • Political Questions • Chicago & Southern Airlines (1948) • Haig v. Agee (1981) • United States v. Alvarez-Machain (1992) • Economic Sphere • The Relevant Players: Customs, the DOC, the ITC, the CIT, and the CAFC • Customs Classifications • Antidumping and Countervailing Duties • Escape Clause: Maple Leaf Fish v. United States (1985) • Administrative Action • Chevron v. Natural Resources Defense Council (1984)

5. The U.S. Constitution and International Economic Relations Scope of Powers • The Executive Branch • Cases • United States v. Curtiss-Wright Export Corp (1936) • Youngstown Sheet & Tube Co. v. Sawyer (1953) • Dames & Moore v. Regan (1981) • United States v. Guy Capps, Inc. (1953) • Consumers Union of the United States v. Kissinger (1974) • Justice Jackson Concurring Opinion in Youngstown Sheet & Tube • Express or Implied Authorization of Congress • Concurrent Authority (Zone of Twilight) • Constitutional Powers of the Executive Branch

6. The U.S. Constitution and International Economic Relations Scope of Powers • The Legislative Branch • Constitutional Authority and Delegation of Power • Amalgamated Meat Cutters (1971) • “intelligible principle to which the official or agency must conform” • Authorization of Presidential Action • Limitation on Congressional Supervision • INS v. Chadha (1983) • International Economic Agreements • Fast Track Procedure (Negotiating Credibility for Executive Branch) • Trade Legislation: Navigating Congress • House of Representatives: Ways and Means Committee • Senate: Finance Committee

7. The U.S. Constitution and International Economic Relations U.S. International Agreements • 5 Types of International Agreements • Presidential Power to Enter Into International Agreements • Treaties requiring advice and consent of two-thirds of the Senate • Congressional Executive Agreements previously authorized • Congressional Executive Agreements subsequently authorized • Presidential Executive Agreements (“inherent” presidential agreements) • Treaty Executive Agreements

8. The U.S. Constitution and International Economic Relations U.S. International Agreements • Recognition of International Agreements • International Law • U.S. Law • Validity of Agreement: United States v. Belmont (1937) • Domestic Legal Effect: Implementation Legislation or Self-Executing • Hierarchy of Norms: Latest in Time Prevails • Possible to be Inconsistent with International Obligations • WTO Dispute Settlement • The Reformulated Gasoline Case (1996)