Reference no: EM132282480

Caspiana is a small state located in Central Asia. Caspiana has been a staunch U.S. ally for many years and is an important source of many precious metals utilized by the defense industry in the production of advanced weaponry. U.S. defense contractors and the U.S. government have been Caspiana's primary customers for these precious metals, many of which are found nowhere else in the world. Additionally, Caspiana's territory has served as a base for U.S. antiterrorism efforts in Central Asia.

Caspiana shares a border with Arala. Arala is a much larger state ruled by a military dictatorship and possessing a large military. However, Arala lacks the mineral wealth possessed by Caspiana. Last week, Aralan forces crossed the border with Caspiana and seized a portion of Caspiana's territory containing numerous precious metal mines. Arala subsequently declared the seized territory to be part of Arala.

In response to this crisis, the president of the United States immediately negotiated an agreement with the government of Caspiana providing that U.S. forces would terminate Arala's occupation through military force and would establish a permanent base in the country. The president signed this agreement without prior consultation with or the receipt of authorization from the U.S. Congress. The president claimed that such consultation and approval were not necessary.

What type of agreement has the president negotiated with Caspiana? What do such agreements provide? Utilizing the opinion in Dole v. Carter, would a judicial challenge to the agreement by a member of Congress be successful? Why or why not?