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US Federal Constitution QUESTION #5812
Question 1
The President enters into an executive agreement with a foreign nation to allow for the mutual exchange of criminal records for counter-terrorism purposes. A federal statute, however, expressly prohibits the disclosure of such records to foreign entities without a court order. Which prevails?
  • The executive agreement, because the President has plenary power over foreign affairs.
  • The executive agreement, because it was entered into after the statute was enacted.
  • The federal statute, because an executive agreement cannot override an existing act of Congress.✔️
  • The federal statute, because criminal records are a matter of domestic privacy law.
Correct Answer Explanation
Executive agreements (unlike ratified treaties) do not prevail over prior conflicting federal statutes. Under the Youngstown framework, when the President acts in opposition to the expressed will of Congress, his power is at its 'lowest ebb.'