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Comment on Are US governors allowed to maintain their own foreign policy and relations, without control of the president or federal government?

FriendOfDeSoto@startrek.website ⁨2⁩ ⁨days⁩ ago

Constitutionally, it is spelled out in Article I, Section 10, Clause 1:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

So foreign policy is principally a federal government domain, established by cases heard by the Supreme Court. constitution.congress.gov/…/ALDE_00001097/

There is a somewhat gray zone where neighbors can talk to each other on the state level, e.g. Maine and Quebec. But they will find themselves restricted by what the governments one step up have decided. I think certain states also are on friendly terms with other nations, probably to deepen economic ties. But that’s more on the level of a city friendship than actual foreign policy.

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NateNate60@lemmy.world ⁨2⁩ ⁨days⁩ ago
There is no limit in the Constitution that prohibits individual US states from exchanging representatives with foreign countries or from expressing or sending support to them. However, there are some caveats, of course, and it’s a very nuanced area of law that has interesting implications:

Accepting formal diplomatic representatives from another power is deemed under international law to mean recognising the independence and sovereignty of the power whose representatives you are accepting. Which essentially precludes formal diplomatic ties from consideration. This is why the US doesn’t accept diplomats from the Republic of China (a.k.a. Taiwan) and refuses official Taiwanese diplomatic and service passports, but is more than happy to accept “unofficial” representatives.

Any representatives sent would not have the power to contract treaties as US states are not competent under US law to enter into treaties or make any other binding obligation to other countries. This is problematic because that means they can’t even do as much as rent an office space in another country without the involvement of the US federal government.

The primary reasons that a country might consider hosting a diplomatic mission of a foreign power is so that they can (1) complain to the ambassador about that foreign power doing things that they don’t like, (2) so that the foreign power can issue passports and visas within the host country, (3) so that consular services can be provided by the foreign power to its citizens or subjects living within the host country, and (4) negotiate treaties. Since US states don’t really do anything abroad that can’t be handled or complained about through the US Department of State, and because US states don’t issue passports or visas, and because consular services to US citizens is already provided through the diplomatic missions of the United States, it is unnecessary for any country to consider hosting a US state diplomatic mission.
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