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13. Which of the following is the strongest constitutional argument for the authority of the President to take action in these circumstances requiring the governor of the state to release the state prisoner?
The President responded by entering into an agreement with the foreign country which provided that the country would secure the release of the United States ambassador on a specified date in return for action by the President that would secure the release of the identified person held in the state prison. The President then ordered the governor of the state to release the prisoner in question. The governor refused. No federal statutes are applicable.
Terrorists in a foreign country kidnapped the United States ambassador to that country. They threatened to kill her unless the President of the United States secured the release of an identified person who was a citizen of that country and was held in a prison in State A in the United States pursuant to a valid conviction by that state.
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A is incorrect. The power to conduct foreign affairs extends to appointing and receiving ambassadors, but not to controlling state actions to protect them.
B is incorrect. The power to appoint individuals generally has not been interpreted to extend beyond appointment issues, including dismissal, and even if officials become agents of the president, the Constitution is silent on the President's power to protect the agents of that office.
D is incorrect. The President is not the final arbiter of conflicts between federal and state interests. Rather, the Constitution itself sets the formula for resolving those conflicts.