crosby
secretary
administration
finance
massachusetts
et
al
national
foreign
trade
council
argued
march
decided
june
massachusetts
passed
law
barring
state
entities
buying
goods
services
companies
business
burma
subsequently
congress
imposed
mandatory
conditional
sanctions
burma
respondent
hereinafter
council
several
members
affected
state
act
filed
suit
petitioner
state
officials
hereinafter
state
federal
claiming
state
act
unconstitutionally
infringes
federal
foreign
affairs
power
violates
foreign
commerce
clause
preempted
federal
act
district
permanently
enjoined
state
act
enforcement
first
circuit
affirmed
held
state
act
preempted
application
unconstitutional
supremacy
clause
pp
even
without
express
preemption
provision
state
law
must
yield
congressional
act
congress
intends
occupy
field
california
arc
america
extent
conflict
federal
statute
hines
davidowitz
find
preemption
impossible
private
party
comply
state
federal
law
state
law
obstacle
accomplishment
execution
congress
full
purposes
objectives
sufficient
obstacle
determined
examining
federal
statute
identifying
purpose
intended
effects
state
act
obstacle
undermines
intended
purpose
natural
effect
least
three
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act
provisions
pp
first
state
act
obstacle
federal
act
delegation
discretion
president
control
economic
sanctions
burma
although
congress
put
initial
sanctions
place
authorized
president
terminate
measures
upon
certifying
burma
made
progress
human
rights
democracy
impose
new
sanctions
upon
findings
repression
importantly
suspend
sanctions
interest
national
security
within
sphere
defined
congress
statute
given
president
much
discretion
exercise
economic
leverage
burma
eye
toward
national
security
law
permits
plenitude
executive
authority
controls
preemption
issue
president
authority
merely
make
political
statement
achieve
political
result
fullness
authority
shows
importance
congressional
mind
reaching
result
implausible
think
congress
gone
lengths
empower
president
willing
compromise
effectiveness
allowing
state
local
ordinances
blunt
consequences
actions
yet
exactly
state
act
sanctions
immediate
perpetual
termination
provision
unyielding
application
undermines
president
authority
leaving
less
economic
diplomatic
leverage
federal
act
permits
pp
second
state
act
interferes
congress
intention
limit
economic
pressure
burmese
government
specific
range
state
act
stands
clear
contrast
federal
act
prohibits
contracts
permitted
federal
act
affects
investment
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act
reaches
foreign
domestic
companies
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act
confines
reach
persons
thus
conflicts
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law
penalizing
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conduct
congress
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sanctions
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acts
common
end
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means
fact
companies
may
able
comply
sets
sanctions
mean
state
act
odds
achievement
congressional
decision
right
calibration
force
pp
finally
state
act
odds
president
authority
speak
among
world
nations
develop
comprehensive
multilateral
burma
strategy
congress
called
presidential
cooperation
countries
developing
strategy
directed
president
encourage
dialogue
burmese
government
democratic
opposition
required
report
congress
efforts
delegation
power
like
economic
sanctions
invested
president
maximum
authority
national
government
state
act
undermines
president
capacity
effective
diplomacy
response
passage
foreign
governments
filed
formal
protests
national
government
lodged
formal
complaints
world
trade
organization
executive
consistently
represented
state
act
complicated
dealing
foreign
sovereigns
proven
impediment
accomplishing
objectives
assigned
congress
case
positions
foreign
governments
executive
competent
direct
evidence
state
act
frustration
congressional
objectives
barclays
bank
plc
franchise
tax
bd
distinguished
pp
state
remaining
argument
congress
failure
preempt
state
local
sanctions
demonstrates
implicit
permission
unavailing
existence
conflict
cognizable
supremacy
clause
depend
express
congressional
recognition
federal
state
law
may
conflict
failure
provide
preemption
expressly
may
reflect
nothing
settled
character
implied
preemption
courts
dependably
apply
pp
affirmed
souter
delivered
opinion
rehnquist
stevens
kennedy
ginsburg
breyer
joined
scalia
filed
opinion
concurring
judgment
thomas
joined
stephen
crosby
secretary
tion
finance
massachusetts
et
petitioners
national
foreign
trade
council
writ
certiorari
appeals
first
circuit
june
justice
souter
delivered
opinion
issue
whether
burma
law
commonwealth
massachusetts
restricting
authority
agencies
purchase
goods
services
companies
business
invalid
supremacy
clause
national
constitution
owing
threat
frustrating
federal
statutory
objectives
hold
june
massachusetts
adopted
act
regulating
state
contracts
companies
business
burma
myanmar
mass
acts
ch
codified
mass
laws
statute
generally
bars
state
entities
buying
goods
services
person
defined
include
business
organization
identified
restricted
purchase
list
business
burma
although
statute
general
provision
waiver
termination
ban
exempt
boycott
entities
present
burma
solely
report
news
provide
international
telecommunication
goods
services
medical
supplies
business
defined
broadly
cover
person
principal
place
business
place
incorporation
corporate
headquarters
burma
myanmar
operations
leases
franchises
subsidiaries
distribution
agreements
similar
agreements
burma
myanmar
subsidiary
licensee
franchise
person
providing
financial
services
government
burma
myanmar
including
providing
direct
loans
underwriting
government
securities
providing
consulting
advice
assistance
providing
brokerage
services
acting
trustee
escrow
agent
otherwise
acting
agent
pursuant
contractual
agreement
promoting
importation
sale
gems
timber
oil
gas
related
products
commerce
largely
controlled
government
burma
myanmar
burma
myanmar
providing
goods
services
government
burma
myanmar
three
exceptions
ban
procurement
essential
without
restricted
bid
bids
insufficient
competition
procurement
medical
supplies
procurement
efforts
elicit
comparable
low
bid
offer
person
business
burma
meaning
offer
percent
greater
restricted
bid
enforce
ban
act
requires
petitioner
secretary
administration
finance
maintain
restricted
purchase
list
firms
business
burma
september
three
months
massachusetts
law
enacted
congress
passed
statute
imposing
set
mandatory
conditional
sanctions
burma
see
foreign
operations
export
financing
related
programs
appropriations
act
stat
enacted
omnibus
consolidated
appropriations
act
stat
federal
act
five
basic
parts
three
substantive
two
procedural
first
imposes
three
sanctions
directly
burma
bans
aid
burmese
government
except
humanitarian
assistance
counternarcotics
efforts
promotion
human
rights
democracy
statute
instructs
representatives
international
financial
institutions
vote
loans
assistance
burma
provides
entry
visa
shall
issued
burmese
government
official
unless
required
treaty
staff
burmese
mission
nations
restrictions
remain
effect
ntil
time
president
determines
certifies
congress
burma
made
measurable
substantial
progress
improving
human
rights
practices
implementing
democratic
government
second
federal
act
authorizes
president
impose
sanctions
subject
certain
conditions
may
prohibit
persons
new
investment
burma
shall
determines
certifies
congress
burmese
government
physically
harmed
rearrested
exiled
daw
aung
san
suu
kyi
opposition
leader
selected
receive
nobel
peace
prize
committed
repression
violence
democratic
opposition
new
investment
defined
entry
contract
favor
economical
development
resources
located
burma
provide
ownership
interests
benefits
development
term
specifically
excludes
thus
excludes
presidential
prohibition
entry
performance
financing
contract
sell
purchase
goods
services
technology
ibid
third
statute
directs
president
work
develop
comprehensive
multilateral
strategy
bring
democracy
improve
human
rights
practices
quality
life
burma
instructed
cooperate
members
association
southeast
asian
nations
asean
countries
major
trade
investment
interests
burma
devise
approach
pursue
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objective
fostering
dialogue
ruling
state
law
order
restoration
council
slorc
democratic
opposition
groups
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provisions
federal
statute
fourth
section
requires
president
report
periodically
certain
congressional
committee
chairmen
progress
toward
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living
conditions
burma
well
development
required
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fifth
part
federal
act
authorizes
president
waive
temporarily
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federal
act
determines
certifies
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application
sanction
contrary
national
security
interests
may
president
issued
burma
executive
order
exec
order
cfr
certified
purposes
government
burma
committed
repression
democratic
opposition
burma
found
burmese
government
actions
policies
constituted
unusual
extraordinary
threat
national
security
foreign
policy
threat
characterized
national
emergency
president
prohibited
new
investment
burma
persons
exec
order
approval
facilitation
person
new
investment
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persons
transaction
meant
evade
avoid
ban
order
generally
incorporated
exceptions
exemptions
addressed
statute
finally
president
delegated
secretary
state
tasks
working
asean
countries
develop
strategy
democracy
human
rights
quality
life
burma
making
required
congressional
ii
respondent
national
foreign
trade
council
council
nonprofit
corporation
representing
companies
engaged
foreign
commerce
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massachusetts
restricted
purchase
list
national
foreign
trade
council
natsios
three
withdrew
burma
passage
state
act
one
member
bid
procurement
contract
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percent
provision
state
law
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acceptance
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bid
listed
bidder
bid
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ibid
april
council
filed
suit
district
district
massachusetts
seeking
declaratory
injunctive
relief
petitioner
state
officials
charged
administering
enforcing
state
act
refer
simply
state
council
argued
state
law
unconstitutionally
infringed
federal
foreign
affairs
power
violated
foreign
commerce
clause
preempted
federal
act
detailed
stipulations
briefing
argument
district
permanently
enjoined
enforcement
state
act
holding
unconstitutionally
impinge
federal
government
exclusive
authority
regulate
foreign
affairs
national
foreign
trade
council
baker
supp
mass
appeals
first
circuit
affirmed
three
independent
grounds
found
state
act
unconstitutionally
interfered
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affairs
power
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government
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miller
see
violated
dormant
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vi
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gibbons
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congress
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put
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set
initial
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aid
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burmese
officials
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rights
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security
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president
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respect
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burma
augmented
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security
recalls
justice
jackson
observation
youngstown
sheet
tube
sawyer
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plenitude
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president
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burma
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imposing
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gen
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interest
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move
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simply
massachusetts
law
enforceable
president
less
offer
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leverage
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moore
regan
used
metaphor
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chip
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show
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restricts
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burma
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burma
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burma
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international
telecommunications
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president
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rights
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burma
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called
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asean
countries
developing
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encourage
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burma
democratic
opposition
required
report
congress
progress
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congress
explicit
delegation
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power
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express
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youngstown
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feinstein
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although
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japan
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light
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letter
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lundby
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legal
materials
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communities
et
al
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curiae
express
opinion
merits
proceedings
senior
level
group
report
summit
washington
http
assistant
secretary
larson
also
declared
state
law
hindered
ability
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one
voice
grave
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rights
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burma
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significant
irritant
relations
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impeded
efforts
build
strong
multilateral
coalition
burma
massachusetts
eu
share
common
goal
assistant
secretary
state
alan
larson
state
local
sanctions
remarks
council
state
governments
brief
amicus
curiae
continues
advance
position
us
see
brief
amicus
curiae
conclusion
consistently
presented
senior
officials
see
also
testimony
deputy
assistant
secretary
state
david
marchick
california
state
assembly
app
testimony
deputy
assistant
secretary
state
david
marchick
maryland
house
delegates
committee
commerce
government
matters
mar
find
support
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baltimore
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democratic
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recent
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debate
regarding
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take
next
see
anyone
democratic
side
chamber