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Final Exam, Spring 1995
Instructions:
This exam is open book. You may refer to the casebook, class
handouts, and your notes. Additional research in treatises,
books, law journals, etc. is not permitted.
This examination consists of two questions and is 4 pages total (this instruction sheet and three pages for the two questions). Before beginning, be sure that you have all 4 pages and that they are in the correct order. The first question counts for 2/3 of the total grade, and the second question for 1/3.
Your answers to the questions need not be in essay form. For example, if you prefer, you may do outlines analyzing the issues presented. Regardless of the format used, however, you should analyze the issues presented. If you do not know the answer to a specific issue, identify the issue and discuss the factors that would be relevant to its resolution.
Your answers to both questions combined should not exceed 2500 words total (approximately ten double-spaced pages with normal margins and type size). Typewritten answers would be appreciated, but will not affect the grade. If your answers are not typewritten, please write legibly.
You may keep this copy of the exam.
THIS EXAM MUST BE COMPLETED AND RETURNED TO STUDENT SERVICES WITHIN 24 HOURS.
Question 1 (2/3 credit)
Since World War II, the Republic of Gander (ROG) has been a close
ally of the United States. In 1948, the US and ROG entered into
a Mutual Security Pact, under which the US receives military base
rights in ROG in return for a pledge to assist ROG against any
"external threat to ROG's security." (US ratification
of the Mutual Security Pact received the advice and consent of
the Senate.)
ROG controls the Mediterranean island of Ipcress, which is
populated primarily by ethnic Hellenes, closely related to the population
of the Alexis Republic, a moderate democratic state on the
mainland across the Hellene Channel from Ipcress. For years, Alexis has
sought to regain control over Ipcress, which it lost to Gander
in the sixteenth century. These efforts have been consistently
rebuffed by Gander. Until recently, Gander has been a relatively
benign ruler, allowing the majority Hellenes a considerable
measure of self-rule.
In the mid-1970s, a militant guerrilla group emerged on Ipcress
- the Hellenic Popular Front (HPF) - which sought Hellenic
independence from Gander. Throughout the 1980s, the HPF waged a low-level
campaign against the Ganderan authorities, planting car bombs
and committing other acts of violence. In 1992, a right-wing
nationalist government came to power in Gander on a platform of
suppressing the HPF. Its attempted crack-down backfired,
however, by producing a groundswell of popular support for the HPF. By
1994, the HPF had seized control of the western half of Ipcress
and declared the formation of the Hellenic Democratic Republic
(HDR). The HDR has been recognized by Alexis, but not by the
United States or most other states. Reportedly, the HPF receives
substantial military support from Alexis, including arms,
training and technical assistance. Alexis has threatened to intervene
on behalf of the HDR should Gander attempt to reconquer the
western part of the island.
In response to the Ipcress crisis, the UN Security Council in
November 1994 called on both sides to accept a cease-fire and
to negotiate an end to the conflict. A UN mediator was sent to
the region, who successfully negotiated a six-month cease fire.
The Security Council dispatched a force of 20,000 UN peacekeepers
to monitor and enforce the cease fire, composed primarily of
British and French troops and under the overall command of a British
officer. In addition, it adopted a decision prohibiting for six-months
all shipments of arms to Ipcress, and authorizing states to use
"all necessary means" to enforce the embargo. The arms
embargo was renewed for another six-months in April 1995. Under
Article 25 of the United Nations Charter, Security Council
decisions are legally binding on all UN member states.
Despite the UN efforts, the Ipcress situation has recently begun
to spiral out of control. In early May 1995, the UN-brokered
cease-fire collapsed, apparently due to HPF violations. In
response, the UN called in NATO air strikes on HPF positions. Two NATO
planes were shot down, and the HPF seized 350 UN peacekeepers
as hostages, whom they are still holding. The UN is currently
considering an emergency evacuation of its forces, as well as
additional air strikes.
The deteriorating situation in Ipcress has led to a major foreign policy rift between the President and Congress. Throughout the crisis, the President has sided with the ROG, arguing that the ROG has been a loyal ally of the United States and was a bulwark of anti-communism during the Cold War. The United States has taken the position that the conflict in Ipcress is an internal matter for Gander to resolve. It has made strong statements against intervention by Alexis, and has pledged to come to Gander's support should Alexis intervene, pursuant to the US Mutual Security Pact with Gander. In the UN Security Council, the United States voted in favor of the decisions to send peacekeeping forces and impose an arms embargo. The United States has not contributed any troops to the peacekeeping mission, but its naval vessels in the Mediterranean have helped enforce the arms embargo and its warplanes participated in the recent air strikes against HPF positions. Contingency planning is currently underway to provide 30,000 US troops to help with the proposed UN peacekeeping evacuation.
A sizeable majority in Congress strongly oppose the Executive's policy in the Ipcress crisis, and side with the HPF. (A large number of Hellenes emigrated to the United States in the 19th century and are politically very active, particularly in both the Senate majority leader's home state and the House Speaker's Congressional district.) Congressional leaders oppose UN involvement - in particular, the UN peacekeeping force and the NATO air strikes. They favor lifting the UN arms embargo, so that HPF "freedom fighters" are able to defend themselves. Finally, they strongly oppose deploying any US ground forces in the region. 57% of the Senate and 54% of the House are members of the opposition party to the President, but on the Ipcress issue they can count on the support of 10-15% of Congressional members from the President's party.
You are the legislative counsel to the Senate Foreign Relations
Committee. You have been asked to prepare an options paper for
the Committee chairperson. You have read that the President
(almost) always wins on foreign affairs, and are determined that this will
be one of the rare Congressional victories. Please prepare a
paper surveying the range of Congress' options in addressing the
Ipcress situation, analyzing the legal issues raised by each,
and providing your recommendations.
Question 2 (1/3)
"Few scholars of the Constitution believe that the constitutional arrangements for conducting the foreign affairs of the United States are worthy of praise. The Constitution is an eighteenth century document, that reflects the values, conditions, and needs of its times. It is out-of-date for the country we have become in the world in which we live. Moreover, its provisions on foreign affairs are beset by uncertainty, friction, and controversy. It is time to ask whether, with respect to foreign affairs, the Constitution needs not simply a tuning, but a replacement of parts."
Do you agree? Why or why not?
END OF EXAM.
YOU MAY KEEP THIS COPY OF THE EXAM QUESTIONS.