Condemning Khartoum: The Illinois Divestment Act and Foreign Relations

摘要

The Illinois Act represents one of the first opportunities to examine the consistency of state and local divestment laws with the foreign affairs power of the federal government since the decision of the Maryland Court of Appeals in Board of Trustees. This examination should include not only divestment initiatives targeting specific states but also the ability of state and local governments to mandate divestment based upon the existence of specific practices or conditions such as violations of human and labor rights or the absence of environmental protections. The issues presented by the Illinois Act go directly to the heart of the Constitution, the fundamental relationship between the federal government and the states, and the allocation of power between them. The potential for fragmentation of U.S. foreign policy must be weighed against functions traditionally delegated to state and local governments. The stakes in this dispute have been heightened by the millions of lives and billions of dollars at issue.