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The Act of State Doctrine

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Q1

The Act of State Doctrine, a ..... of law so old its roots may be traced back to the 17th Century, entered into American jurisprudence in the classic case Underhill v. Hernandez.

Q2

In an 1892 revolution, General Hernandez ..... the existing Venezuelan government and took control of Ciudad Bolivar, where plaintiff Underhill lived and ran a waterworks system for the city.

Q3

Underhill, an American citizen, repeatedly ..... to Hernandez for an exit passport, but his requests were refused, and Underhill was forced to stay in Bolivar and run the waterworks.

Q4

Hernandez finally ..... and allowed Underhill to return to the United States where he instituted an action to recover for his detention in Venezuela.

Q5

In finding for the defendant, a New York Court determined that Hernandez had acted as a military commander, and through this position he had ..... governmental authority.

Q6

The Court reasoned that every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not ..... in judgment on the acts of the government of another, done within its own territory.

Q7

In later decisions, the courts ..... on the principals and policies underlying the Act of State Doctrine.

Q8

Banco Nacional de Cuba v. Sabbatino stated that although the Doctrine is not implicit in the Constitution, it does have constitutional ......

Q9

The court acknowledged an implied separation of powers in Act of State questions, reasoning that sensitive areas of foreign policy were better ..... to the executive branch.

Q10

After Sabbatino, Congress moved swiftly to ..... the act of state doctrine, but the judiciary has undermined the effort by narrowly interpreting the amendment and continuing to apply the doctrine wherever it does not conflict with a constrained reading of the Hickenlooper Amendment.

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