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49 Cards in this Set

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US v Curtiss-Wright Export Corp.
The courts ruling was directed in the general principle that the president could claim greater powers in foreign than in domestic policies because of the “law of nations” and not just the constitution.
Youngstown Sheet and Tube co. v. Sawyer
Established some limits on executive power. The court ruled that the president could not break a labor union strike in the name of national security
INS v. Chadha
Struck down the legislative veto
1920 Missouri v. Holland
Supreme court established primacy of federal government over the state government with regards to interpreting treaties
1937 US v. Belmont
Upheld executive agreements by President. Pres can sign executive agreements.
NYT v. US (Pentagon Papers)
1st amendment freedoms outweighed Presidential claims to national security
1979 Goldwater et al v. Carter
US wanted to break with Taiwan and unite with mainland China, court sided with president (right to terminate treaties) In the case, senate had not specified role for itself in termination process of treaties after original consent.
2004 Rasul v Bush
can non citizens seized during war/ conflict have a right in American military courts? Decision: no, they have a right to american civilian courts (includes military)
2004 Rumsfeld v. Hamdi
Can US citizen seized by US be denied access to american courts, obviously not.
2004 Rumsfeld v. Padilla
(US citizen arressted on US soil) can a US citizen (combatant) be confined to military court? no, you have a right to american court
Boycott
refuse to buy products
dumping
sending product into another market under their market price
devaluation
lowering value of currency and keep on borrowing
embargo
ban on sending foods to another country
non tariff barriers
restriction on gods on quality, not taxes, standards
quota
imports from another country
strategic trade
when government intervenes in industries in order to gain an advantage. Prevents other states from buying strategic goods.
Tariff
taxes on product to promote local goods
Power of US congress to shape USFP
1. Repeal of gulf of tonkin resolution
2. Soviet Jewish immigration
3. Vietnam
4. Angola
5. Reservation of panama canal treaty
6. Boland Amendments
List three Military Agencies
1. Defense intelligence agency
2. Army, navy, air force, and marines
3. National security agency
4. National Geo-Spatial Intelligence Agency
5. National Reconnaissance Office
Three Independent Agencies
1. CIA
2. Counter Terrorist Center
3. Terrorist Threat Integration Center
Three Parts of Other Departments
1. FBI
2. Homeland Security
3. Coast Guard Intellignce
4. State department
5. Energy and Treasury Departments
Three Independent Agencies
1. CIA
2. Counter Terrorist Center
3. Terrorist Threat Integration Center
Three Parts of Other Departments
1. FBI
2. Homeland Security
3. Coast Guard Intellignce
4. State department
5. Energy and Treasury Departments
3 unique UN strengths
1. near global membership
2. UNSC is vested with "maintenance of international peace and security"
3. Scope of UB programs
Atlantic Charter
FDR and Churchill talk about a larger establishment being created. Beginnings of UN
Dumbarton Oaks
US, GB, USSR and China Drafted in the UN Charter, y powers agreed what kinds of institutions they would create. Created a court in the UN and a secretatiat
Yalta conference
talked of the veto powers with Stalin, postwar planning
Special interamerican Conference on Problems of Peace and War in Mexico City
Larger powers made concession to the smaller powers:
1. Universality of the UN
2. Role of the general assembly
3. ICJ have the power to address conflict between states
4. regional organizations
UN Charter objectives
peace and security, economic and social development and human rights
UN Charter: Principles
sovereignty, UN cannot intervene unless what is happening threatens regional or global security (genocide is considered a threat).
every country has a right to self defense, preempt or prevent
gives the right to states to create their own regional groupings
every treaty that is signed has to be also signed by the secretary of the UN, so that it is not agains UN principles.
UNHRC
Council should not hold large violators of human rights, but no. Torture should not be tolerated. GA doesnt like critera on who can be on the HR council.
Non Aligned movement of 1977
The neutral states voted against the US wanting to take construction of the west bank wall to ICJ advisory opinion
Uniting for Peace resolution
if there is deadlock in the security council, it allows the general assembly to address it.
Doctrine of Political questions
Allowes court to sidestep contentious foreign policy issues separating congress and president, such as war powers, by holding the issues as political rather than legal.
Roles of the president
Chief of State
Chief executive powers
domestic crises
chief diplomat
commander in chief: war powers act of 1973. Was a reaction to the gulf of tonkin resolution. Can commit troops in emergency cases but must return them within 60 days unless receive the ok from congress.
Chief legislator
chief of party
The united states as an ordinary state
1. The greatest threat to security lies in trying to do too much and in having too expansive a definition of national interest
2. the responsibility to other states is proportionate or reciprocal to that which other states give the US
3. The US responsibility to the global community is to be a good global citizen, and only that.
Reformed America
1. The Primary threat to security is in a fixation on miliary problems and attatchment to power policy thinking.
2. Responsibility to other states is great, as long as they are democratic and seek for the non democratic to become democratic.
3. Responsibility to the global community is also great and focuses on the creation of an international system conducive of traditional american values.
Pragmatic America
1. The primary threat to security is military in nature
2. the responsibility to other states is on a selective basis, and only to the extent that threats to the political order of those states would lessen American security
3. The responsibilty to the global community would be limited.
The American Crusader
1. Security threats are the within the international system, and they need to be defeated.
2. The US has a responsibility to keep other states, as in allies in its cause.
3. The US' responsibility to the international community is great, but that defenition depends on the US historical traditions.
America the Balancer
1. The primary security threats are self inflected. Ex: proliferation of security commitments designed to protect america's economic interests.
2. Limited responsibility to other states, because the burden of protecting that state's national interests falls on that own state.
3. The responsibility to the global community is limited. American national interests and global order are not identical.
Disengaged America
1. Security threat is an overactive foreign policy.
2. Responsibility to other states is minimal. The primary interest is its own economic and military security.
3. Responsibility to the global community is also minimal.
The American Crusader
1. Security threats are the within the international system, and they need to be defeated.
2. The US has a responsibility to keep other states, as in allies in its cause.
3. The US' responsibility to the international community is great, but that defenition depends on the US historical traditions.
America the Balancer
1. The primary security threats are self inflected. Ex: proliferation of security commitments designed to protect america's economic interests.
2. Limited responsibility to other states, because the burden of protecting that state's national interests falls on that own state.
3. The responsibility to the global community is limited. American national interests and global order are not identical.
Disengaged America
1. Security threat is an overactive foreign policy.
2. Responsibility to other states is minimal. The primary interest is its own economic and military security.
3. Responsibility to the global community is also minimal.
The American Crusader
1. Security threats are the within the international system, and they need to be defeated.
2. The US has a responsibility to keep other states, as in allies in its cause.
3. The US' responsibility to the international community is great, but that defenition depends on the US historical traditions.
America the Balancer
1. The primary security threats are self inflected. Ex: proliferation of security commitments designed to protect america's economic interests.
2. Limited responsibility to other states, because the burden of protecting that state's national interests falls on that own state.
3. The responsibility to the global community is limited. American national interests and global order are not identical.
Disengaged America
1. Security threat is an overactive foreign policy.
2. Responsibility to other states is minimal. The primary interest is its own economic and military security.
3. Responsibility to the global community is also minimal.
2008 Boumediene v. Bush
He was Bin Laden's driver, held on premise of aiding 9/11, US supreme court says you cannot hold him on that basis