Question 1

The president derives his power and authority to deal with foreign commerce and international trade from all of the following sources except :

Accepted Answer

The president's judicial power does not include the authority to deal with foreign commerce and international trade, so the source of his power and authority in this area does not come from judicial power delegated by the courts.

Question 2

The Bureau of Customs and Border Protection is administered by the:

Accepted Answer

The Bureau of Customs and Border Protection is administered by the Department of Homeland Security.

Question 3

The U.S. Court of International Trade:

Accepted Answer

The U.S. Court of International Trade hears cases arising under the trade and tariff laws of the U.S., including disputes related to customs and import/export regulations. It does not have authority over all tax questions dealing with Revenue Raising or jurisdiction over the collection of tariffs or duties.

Question 4

The International Trade Administration:
I. Is part of the Department of Commerce.
II. Investigates certain U.S. unfair import cases.

Accepted Answer

The International Trade Administration (ITA) is part of the Department of Commerce and it also investigates certain U.S. unfair import cases. Therefore, both statement I and II are correct.

Question 5

In Dole v. Carter , the court considered Senator Robert Dole's complaint that the president be enjoined from returning the Hungarian coronation regalia to Hungary. The court:

Accepted Answer

The court considered the president's agreement to return the crown as validly done pursuant to the president's inherent constitutional authority (as an "executive agreement").

Question 6

Xerox Corp. manufactured parts for copy machines in the U.S. that were shipped to Mexico for assembly. The copiers were designed to be sold to Latin America and did not operate on U.S. electric current. The copiers after assembly were kept in U.S. customs warehouses pending sale to Latin America. These goods were free of import duty by federal law. The city of Houston, Texas, assessed these copiers with a local property tax. Xerox sued to have this tax declared unconstitutional. The court decided:
I. That Xerox must pay all this tax because state/local governments have taxing powers just like the U.S.
II. That Xerox must pay only one-half since state/local governments are one-half partners with the federal government.
III. That this law is preempted by federal law.

Accepted Answer

The court decided that the local property tax assessed by the city of Houston, Texas, on Xerox Corp.'s copiers that were kept in U.S. customs warehouses pending sale to Latin America was preempted by federal law, and therefore unconstitutional. This means that option III is the correct answer. Option I is incorrect because even though state/local governments have taxing powers, federal law can preempt their laws. Option II is also incorrect because there is no such thing as state/local governments being one-half partners with the federal government.

Question 7

Under the Trade Promotion Authority, the President has limited powers to negotiate trade agreements with unfriendly nations.

Accepted Answer

The Trade Promotion Authority (TPA) allows the President to negotiate trade agreements that Congress can approve or disapprove but cannot amend or filibuster. It does not specifically limit negotiations to friendly or unfriendly nations.

Question 8

During the 1940s, the U.S. instituted a price support system for American potatoes. Congress had addressed the problems of agricultural imports in the Agricultural Act of 1948. The U.S. Secretary of State entered into an executive agreement with Canada that would permit only seed potatoes to be imported into the U.S. This agreement was not submitted to or approved by congress. A potato importer imported potatoes into the U.S. for A & P grocery stores for resale. When the court tried this case brought by the U.S. against the importer:

Accepted Answer

The court found for the importer because the executive agreement was entered into without Congressional approval, making it invalid.

Question 9

In order for an executive agreement of the president concerning foreign affairs to be valid:
I. A court must find that it is based on the president's inherent powers or authority granted by congress.
II. It must be based upon an express power granted by the U.S. Constitution.

Accepted Answer

Executive agreements in foreign affairs are generally considered valid if they are based on the president's inherent powers or authority granted by Congress. They do not necessarily need to be based on an express power granted by the U.S. Constitution. Therefore, statement I is correct and statement II is not necessary for the validity of an executive agreement.

Question 10

Under the Constitution, a treaty is considered:

Accepted Answer

According to the Supremacy Clause of the Constitution, treaties are considered the "law of the land" and are therefore legally binding in the United States.

Question 11

If the president is negotiating a trade agreement with Germany over reducing tariffs on telephone switching equipment and he wants to make sure there will be no problems with its passage, he can:

Accepted Answer

Seeking fast-track approval with Congress prior to the trade agreement being concluded would be the best option to ensure there will be no problems with its passage. This would involve obtaining approval from Congress for a streamlined process for considering and voting on the trade agreement. Options A and B would not be appropriate as they involve circumventing the usual legislative process and could face legal or political challenges. Option D is not sufficient as it does not offer a solution to ensure passage.

Question 12

The Reciprocal Trade Agreements Act provides the president with a mechanism:

Accepted Answer

The Reciprocal Trade Agreements Act allows the president to negotiate with other countries to lower tariffs and other trade barriers in a reciprocal manner. This encourages free trade and can lead to increased economic growth and prosperity for both the U.S. and its trade partners. It does not involve setting quotas or providing financial assistance, nor does it involve threatening or imposing an embargo on another nation's products.

Question 13

The International Trade Commission is:

Accepted Answer

The International Trade Commission (ITC) is an independent agency of the United States government that provides research and analysis on matters related to international economics and trade for Congress. While the ITC plays a role in investigating unfair trade practices and intellectual property disputes, it is not responsible for collecting customs duties or promoting U.S. trade with other countries.

Question 14

The United States Trade Representative is:

Accepted Answer

The United States Trade Representative is a cabinet-level position that reports directly to the president and is responsible for carrying on trade negotiations for the U.S. It does not administer the Bureau of Customs and Border Protection or represent the U.S. at all GATT meetings.

Question 15

Inherent powers are:
I. Powers that the president derives from the U.S. Constitution.
II. Used by the president to conduct foreign affairs.

Accepted Answer

Inherent powers are not explicitly stated in the U.S. Constitution but are implied, allowing the president to conduct foreign affairs and other necessary functions of leadership.

Question 16

The power of Congress "to regulate commerce with foreign nations and among the several states" is found in:

Accepted Answer

The power of Congress to regulate commerce with foreign nations and among the several states is explicitly written in Article I, Section 8 of the U.S. Constitution, which outlines the specific powers and duties of Congress. The other options do not mention this power explicitly.

Question 17

The Import-Export Clause of the U.S. Constitution:
I. Prohibits the federal government from taxing exports.
II. Prohibits the states from taxing either imports or exports.

Accepted Answer

The Import-Export Clause, also known as the Commerce Clause, prohibits the federal government from taxing exports and prohibits the states from taxing either imports or exports. Therefore, both I and II are correct.

Question 18

In Star-Kist Foods, Inc. v. United States , Star-Kist complained that the president's authority under the Reciprocal Trade Agreement Act of 1934 was unconstitutional. Star-Kist sought to challenge a presidentially lowered tariff on canned tuna imported from Iceland.  Which of the following statements are true?

Accepted Answer

The court determined that the Reciprocal Trade Agreement Act of 1934 provided a sufficiently discernible standard to guide the president's actions. Therefore, Star-Kist lost their challenge against the presidentially lowered tariff on canned tuna imported from Iceland.

Question 19

The drafters of the U.S. Constitution believed:
I. That economic disintegration could result if states were free to tax imports and exports.
II. That the federal government should share regulation of international commerce with the states.

Accepted Answer

The drafters of the U.S. Constitution believed that economic disintegration could result if states were free to tax imports and exports, but they did not believe that the federal government should share regulation of international commerce with the states. In fact, the Constitution grants Congress the power to regulate foreign commerce exclusively.

Question 20

A state's authority to tax a business engaged in foreign commerce is determined by:

Accepted Answer

The answer of A state's authority to tax a business...

Quiz 8: National Lawmaking Powers and the Regulation of Us Trade