Michael H. Shuman, “ Dateline Main Street:  Local Foreign Policies”

 winter 1986-1987

 

Abstract

 

Shuman explains the importance and the succeed of the Local Foreign Policies (LFP) that U.S. cities have been adopting since the last 20 years in spite of the controversial ideas from those (conservatives politicians, National Institutions, etc.) who believe that LFP could be against the National Foreign Policies and get USA –and its citizens- into an international crisis.

 

Summary

 

At the beginning the article shows facts of LFP and their relationship to the 1799 Logan Act. Later it gets through the issue that LFP cannot be dismissed and shows the relationship between LFP and trade as well as culture. Municipal Activism explains the three categories that LFP fall into (consciousness-raising measures, unilateral and bilateral measures). It also shows why many U.S. Cities would not join LFP and it gives Rationales of Tolerance to discuss whether municipalities should continue launch their own LFP. Finally it ends with four guidelines that support the existence of LFP.

 

 

Local Foreign Policies in U.S. Cities and 1799 Logan Act

 

San Francisco has been actively involved in international affairs; to challenge the federal policy of sending Salvadoran and Guatemalan refugees back to the war zones from which they fled, the city has instructed its police not to cooperate with the U.S. Immigration and Naturalization Services (INS). More than 1,000 U.S state and local governments are participating in foreign affairs, and their numbers are expanding daily.

 

Collectively, their influence on U.S. foreign policy; more than 900 local governments, for example, passed a nuclear freeze resolution and helped pressure President Ronald Reagan to launch the Strategic Arms Reduction Talks in Geneva. This trend of “thinking globally and acting locally” may both weaken national governments´ traditional autonomy over foreign affairs and open new conduits for citizen to shape global politics directly, through the governments to which they are closest.

 

If the history of 1799 Logan Act is any indication, official U.S. sympathy for popular participation in foreign affairs has existed since the earliest days of the republic.

 

“America´s municipal foreign policies can no longer be dismissed as aberrant, trivial, or unconstitutional”

 

Non are these voices likely to fall silent with a more popular, moderate, and nuanced foreign policy. If Americans continue to embrace participatory over representative democracy, bipartisanship in foreign policy may became an anachronism.

 

During the December 1985 convention of the National League of Cities (NLC), Mayor Tom Bradley of L.A. made Municipal Foreign Policies (MFP) the centerpiece of his key note address:

 

“The right of cities to be heard on these crucial issues derives from two fundamental principles. First, local governments is closest to the people…. [Second,] many of our national policies are felt first- and in the end most profoundly- in America´s cities…. [C]ities can enfranchise many who might otherwise never be heard. There can be no better reason for cities to participate with all the vigor and imagination we can muster.”

 

Relation between LFP and Trade – Culture

 

The clearest examples are cities that manage borders wit other countries. Without local management, the movement of people and goods across borders would be slower and more expensive and problems such as illegal immigration and drug traffic would be even worse than they are today. Municipalities have also launched LFP to protect their citizens from costly global problems, especially warfare.

 

In addition, LFP can bring money and jobs into the community. U.S. states began heavily promoting foreign trade in the late 1970s. Some of the benefits local government are seeking in LFP are cultural, not economic. No less than 759 U.S. communities have 1,120 “sisters” relationships with cities abroad. Finally, many local officials and citizens have embraced the logic of the Nuremberg trails and believe that they have duty to fulfill international norms and laws.

 

Municipal Activism

 

Municipal Foreign Policies fall into three rough categories.

 

  1. Consciusness-raising measures

Most local governments, are involver in raising public consciousness on foreign affairs through education, research, and lobbying. New York and Milwaukee high school teach “peace studies” courses. Alabama requires its teachers to contrast the U.S. and Soviet. Furthermore, nonbonding statements of foreign-policy issues are also forms of lobbying.

  1. Unilateral measures

LFP are also conducted through unilateral use of policing, zoning, contracting, and investing powers. Not only have 120 cities refused to cooperate with federal civil defense plans, but also 118 communities and counties have passed zoning ordinances banning nuclear weapons production within their city limits.

  1. Bilateral measures

Further, U.S. cities have negotiated thousands of bilateral foreign agreements. Many of these are tantamount to political treaties.

 

Contrary Issues to Municipal Activism

 

In Foreign Affairs and the Constitution, the Columbia University law professor Louis Henkin expressed this element of conventional wisdom:

 

“The language, the spirit and the history of Constitution deny the States [and local governments] authority to participate in foreign affairs, and its construction by the courts has steadily reduce the ways in which the states can affect American foreign relations”.

 

Why, then, have so few municipal foreign policies been judicially invalidated? The discrepancy between constitutional theory and practice reflects different definitions of state and local government participation in foreign affairs.

 

“Washington often denounces municipal activism yet effectively sanctions it through incoherence”

 

The most impressive feature of U.S. law on MFP is the paucity of cases. The few relevant court pronouncements have been so ambiguous and contradictory that few city attorneys have been convinced that their MFP were clearly illegal and not worth trying. Examining the three categories of LFP helps explain this surprising conclusion.

 

  1. Consciousness-raising measures pose one basic legal question: Can a local government undertake education, research, and lobbying that challenge the foreign policies of the federal government? If municipally sponsored speakers intended to change the views of foreign officials concerning disputes with the United States, the Logan Act could be invoked.
  2. Unilateral measures pose more difficult legal questions, but again, impediments seem minimal. Courts can still invalidate municipal foreign policies that are clearly at odds with the federal law. Local governments are also beginning to argue that some of their MFP cannot be pre-empted because they are upholding international law, which they believe the Constitution makes binding on all official, local and national. A second legal issue is posed by the Commerce Clause, which forbids state or local governments from infringing on interstate or international commerce. The Commerce Clause is also designed to prevent local regulation from interfering with the free flow of national commerce. (More to see in the Zshernig v Miller case).
  3. Bilateral measures. Does the agreement constitute an unconstitutional treaty or compact? The constitution prohibits state and local governments for entering into “treaties” with jurisdictions abroad, but allows “compacts” so long as the receive congressional approval. 

 

Rationales for Tolerance

 

Although this tolerance for MFP might merely reflect federal inefficiency, timidity, or ineptitude, it also probably reveals important underlying rationales. 1) Washington may be recognizing that international affairs, like many domestic issues, have become to run effectively as a monopoly; 2) the federal government may also believe that ultimately these policies are unstoppable; 3) the unwillingness of most presidents, members of Congress and judges to subordinate America´s core political value to the exigencies of foreign policy.

 

“Unless America becomes a police state, municipal foreign policies are here to stay”

 

Yet, it is not difficult to envision future municipal foreign initiatives that could threaten national security and welfare. Four guidelines might be particularly useful.

 

  1. The first entails unqualified support for all consciousness-raising measures. America should be willing to embrace the freest possible exchange of ideas, people, books, and audio-visual materials.
  2. Unilateral and Bilateral measures. The government should: tolerate municipal initiatives unless they pose more than a Hypothetical danger to American foreign policy.
  3. With regard to dangerous initiatives. Try working with the offending municipality rather than immediately resorting to legal attacks.
  4. A final recommendation. Tighten the laws governing those very few nonfederal initiatives that have already caused serious internal mischief.