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29. Is the President's action constitutional?
Congress enacted a statute directing U.S. ambassadors to send formal letters to the governments of their host countries, protesting any violations by those governments of international treaties on weapons sales. The President prefers to handle violations by certain countries in a less formal manner and has directed ambassadors not to comply with the statute.
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The U.S. Supreme Court has long held that the President alone has the authority to represent the U.S. in foreign affairs. See United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936) (holding that «[i]n international relations, the President is the sole organ of the Federal Government).
D is correct. The President's action is constitutional because the U.S. Supreme Court has ruled that the President alone has the authority to represent the United States in foreign affairs. Because the statute intrudes on the President's authority to carry out this duty by directing Ambassadors to send formal letters, in contrast to the President's wishes, the President's action is constitutional.
A is incorrect. Although Congress has the power, under the Necessary and Proper Clause, to enact legislation in support of treaties, the President has treaty-making authority. As explained above, the President's action is constitutional because he alone has the authority to represent the country in foreign affairs. Because the statute intrudes on that authority, the statute is unconstitutional and has no effect.
B is incorrect. It is true that Congress has the power to regulate commerce with foreign nations. However, this statute does not concern commercial relationships between the U.S. and foreign nations. Rather, it relates to the regulation of U.S. Ambassadors in their interactions with foreign governments, which falls squarely within the exclusive presidential authority to represent the U.S. in such contexts.
C is incorrect. This answer reaches the correct answer with the wrong reasoning. Although the President's action is constitutional, it is not because Congress has no jurisdiction over matters outside of U.S. borders. In fact, Article I of the Constitution gives Congress several powers concerning matters outside the U.S. borders, including the power to declare war and the power to regulate commerce with foreign nations. However, for the reasons stated above, the President's action is nevertheless constitutional.