Dueto threats by the president to set import quotas, the U.S. StateDepartment negotiated directly with European and Japanese steelproducers to limit their companies’ exports to the United States.No foreign government was party to the agreement. Although thepresident has express authority to limit imports by an act ofCongress, this act required that he either hold public hearingsthrough the Tariff Commission about setting import quotas or dealdirectly with foreign governments about limiting imports. TheConsumers Union of U.S., Inc., felt that when Congress gave thepresident this express power, it preempted any other action by thepresident. They brought an action against the secretary of state tohave the president’s agreement with private steel producers inEurope and Japan declared illegal. What should be the result ofsuch an action? See Consumers Union of U.S., Inc. v. Kissinger, 506F.2d 136 (D.C. Cir. 1974).
