Cite as: 507 U. S. 60 (1993)
Blackmun, J., dissenting
stead, that like every other party to the Conventions, Tennessee may not impose a direct tax on containers themselves.
Even if Tennessee's tax did not violate the Container Conventions, it would violate the Foreign Commerce Clause by preventing the United States from "speaking with one voice" with respect to the taxation of containers used in international commerce. See Japan Line, 441 U. S, at 452; Container Corp. of America v. Franchise Tax Bd., 463 U. S. 159, 193 (1983). This Court noted in Japan Line that the Conventions show "[t]he desirability of uniform treatment of containers used exclusively in foreign commerce." 441 U. S., at 452. Tennessee's tax frustrates that uniformity.
The Court correctly notes that the Solicitor General's decision to file an amicus brief defending the tax " 'is by no means dispositive.' " Ante, at 75, quoting Container Corp., 463 U. S., at 195-196. Indeed, such a submission, consistent with the separation of powers, may not be given any weight beyond its power to persuade. The constitutional power over foreign affairs is shared by Congress and the President, see, e. g., U. S. Const., Art. I, § 8, cl. 11 (Congress shall have the power to declare war); Art. II, § 2, cl. 2 (President shall have the power, by and with the advice and consent of the Senate, to make treaties); and Art. II, § 3 (President shall receive ambassadors), but the power to regulate commerce with foreign nations is textually delegated to Congress alone, Art. I, § 8, cl. 3. "It is well established that Congress may authorize States to engage in regulation that the Commerce Clause would otherwise forbid," Maine v. Taylor, 477 U. S. 131, 138 (1986) (emphasis added), but the President may not authorize such regulation by the filing of an amicus brief.
While the majority properly looks to see whether Congress intended to permit a tax like Tennessee's, it mistakenly infers permission for the tax from Congress' supposed failure to prohibit it. Ante, at 75-76. "[T]his Court has exempted state statutes from the implied limitations of the [Commerce] Clause only when the congressional direction to do so has
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