1. a. Leaving aside legal distinctions, what are the practical differences between the Federal Government's foreign or external
powers and its domestic or internal powers? Consider the Government's ability to forecast when and how the powers will come
into play, the speed with which they may need to be exercised, the need for flexibility once they have been exercised, their
immediate impact on our daily lives, their long-term impact on our daily lives, their relationship to state powers, and the need for
secrecy
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1. b. Do you agree that these considerations, as a practical matter, require broader and less precise delegations from Congress to
the President of authority for foreign affairs than those appropriate for delegations of authority for domestic affairs?
2. a. Dames & Moore is significant as an illustration in what Justice Jackson called the "twilight zone" of how "Constitutional
common law," as Justice Frankfurter characterized it (sometimes called "customary" authority) is made by Congressional
acquiescence in an Executive practice. How were the requirements for making law by acquiescence satisfied in Dames & Moore?
2. b. What Congressional action, if any, would have defeated the claim of Executive power tested in this case, according to the
Court?
3. In The Prize Cases, was it necessary to the decision to find that the President has inherent Constitutional authority to
respond to an attack?