MBE Rules · Constitutional Law
Foreign affairs power
Art. II / Curtiss-Wright / Zivotofsky
The rule
The federal government has exclusive authority over foreign affairs; states may not conduct independent foreign policy. The President is the 'sole organ' of the nation in foreign relations (Curtiss-Wright) and has exclusive recognition power (Zivotofsky).
In plain English
This preempts state attempts to conduct foreign policy (e.g., state sanctions on foreign countries — Crosby v. NFTC) and vests broad autonomy in the executive branch abroad.
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