Con Law · WikiFramers

Module 6 · Foreign Affairs and the Constitution

Part 5 — Self-Check

Nine questions. Pick an answer before you open the explanation. If you miss one, go back to the part named in the explanation before moving on.

1. What did Curtiss-Wright hold?

Answer and explanation

(b). The President acted under a Joint Resolution of Congress, and the question was whether Congress could delegate that much. (a) is the famous "sole organ" dictum, not the holding. (c) is Missouri v. Holland, and (d) is Zivotofsky. Part 1.

2. In Curtiss-Wright, which of Jackson’s categories was the President in?

Answer and explanation

(a). Curtiss-Wright came before Youngstown, but you can still place it: the President acted under a Joint Resolution, which is congressional authorization. That is why the "sole organ" passage was not needed to decide it, as Zivotofsky later said. Parts 1 and 3.

3. Why did the Tenth Amendment not defeat the migratory-bird statute in Missouri v. Holland?

Answer and explanation

(b). Holmes: it is not enough to refer to the Tenth Amendment "because by Article II, § 2, the power to make treaties is delegated expressly." (c) is wrong: Holmes said there are "qualifications to the treaty-making power," though they must be "ascertained in a different way." Part 2.

4. After Medellín, when is a treaty enforceable in an American court?

Answer and explanation

(c). Ratification creates an international obligation, but a treaty is not domestic law "unless Congress has either enacted implementing statutes or the treaty itself conveys an intention that it be 'self-executing' and is ratified on these terms." (b) is exactly what Medellín rejected: turning a non-self-executing treaty into domestic law "falls to Congress." Part 2.

5. In Dames & Moore, where did the President’s authority to suspend the claims against Iran come from?

Answer and explanation

(b). The Court found no statute that authorized the suspension. It relied on "long-continued practice, known to and acquiesced in by Congress." (d) is wrong: the agreement was never submitted to the Senate. Part 2.

6. Why did Medellín refuse to extend Dames & Moore to the President’s memorandum?

Answer and explanation

(b). The Executive's "narrow and strictly limited authority to settle international claims disputes pursuant to an executive agreement cannot stretch so far as to support the current Presidential Memorandum." Acquiescence needs a history, and here there was none. Part 2.

7. What did Zivotofsky do to the “sole organ” passage of Curtiss-Wright?

Answer and explanation

(c). "This Court declines to acknowledge that unbounded power." And: "whether the realm is foreign or domestic, it is still the Legislative Branch, not the Executive Branch, that makes the law." Curtiss-Wright's delegation holding still stands. Part 3.

8. The President acted against an express statute in Zivotofsky and won. Why?

Answer and explanation

(b). In Jackson's third category the President can win only with a power that is exclusive, so that Congress is disabled from acting on the subject. Recognition was such a power. The Court decided the case on the merits, so (c) is wrong, and (d) is wrong because Congress had passed a statute against the President's position. Part 3.

9. What standard of review did Trump v. Hawaii apply to the Establishment Clause claim?

Answer and explanation

(d). The Court started from Mandel's "facially legitimate and bona fide" test, then said "we assume that we may look behind the face of the Proclamation to the extent of applying rational basis review." (c) overstates what the Court did: it assumed, it did not hold. Part 4.

One question to write about

To test yourself further, write one paragraph in answer to this: Rank the four situations in this tutorial by how much the President can do — Congress authorizing him, Congress silent with a long history behind him, Congress silent with no history, and Congress against him. For each, name the case that shows it, and say what the President has to prove to win.

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Every answer is drawn from Parts 1 through 4 and the Module 6 readings they cite. · v1.0, 23 September 2026