b. economic commission.
c. commission override.
d. permanent commission.
Caspiana is a small state located in Central Asia. Caspiana has been a staunch U.S. ally
for many years and is an important source of many precious metals utilized by the
defense industry in the production of advanced weaponry.
U.S. defense contractors and the U.S. government have been Caspiana’s primary
customers for these precious metals, many of which are found nowhere else in the
world. Additionally, Caspiana’s territory has served as a base for U.S. antiterrorism
efforts in Central Asia.
Caspiana shares a border with Arala. Arala is a much larger state ruled by a military
dictatorship and possessing a large military. However, Arala lacks the mineral wealth
possessed by Caspiana. In recent years, Arala military forces have crossed the border,
seized stockpiles of precious metals and returned to Arala. Last week, Aralan forces
crossed the border with Caspiana and seized a portion of Caspiana’s territory containing
numerous precious metal mines. Arala subsequently declared the seized territory to be
part of Arala.
In response to this crisis, the president of the United States immediately negotiated an
agreement with the government of Caspiana providing that U.S. forces would terminate
Arala’s occupation through military force and would establish a permanent base in the
country. The president signed this agreement without prior consultation with or the
receipt of authorization from the U.S. Congress. The president claimed that such
consultation and approval were not necessary.
What type of agreement has the president negotiated with Caspiana? What do such
agreements provide? Utilizing the opinion in Dole v. Carter, would a judicial challenge
to the agreement by a member of Congress be successful? Why or why not?
What statute could the president utilize to respond to the crisis in Caspiana? When may
this statute be utilized? What actions may the president take utilizing this statute?