Hencely v. Fluor Corp. · ¶64
Preemption based on constitutional structure is especially important when state law intrudes upon the Federal Government's exclusive authority to conduct relations with other nations or to wage war. As the Court has repeatedly explained, the “Federal Government . . . is entrusted with full and exclusive responsibility for the conduct of affairs with foreign sovereignties.” Hines v. Davidowitz, 312 U. S. 52, 63 (1941). Indeed, “[o]ur system of government . . . imperatively requires that federal power in the field affecting foreign relations be left entirely free from local interference.” Ibid.; see also United States v. Belmont, 301 U. S. 324, 330– 331 (1937) (“Governmental power over external affairs is not distributed, but is vested exclusively in the national government . . . and cannot be subject to any curtailment or interference on the part of the several states”); Zschernig v.…Read in context ›
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