One focus of this Note is to analyze the international repercussions of the Anti-Apartheid Act within the context of United States foreign policy, the sovereignty rights of South Africa, the jurisdiction of United States courts to pass on violations of the Act, and United Nations provisions governing interference with the economy of a foreign government. However, before any discussion of the international legality of this Act can take place, its domestic legality must be determined. Therefore, before looking to international justifications for the Act, this Note will analyze it within the context of United States constitutional law. This analysis will focus on several issues: the basis of authority by which Congress can pass such an Act; the effect of the Act on the states' power to determine where they will invest their funds; the conformity of the Act with the established doctrines of separation of powers and delegation of authority; and finally, the effect of the Act on the equal protection rights of those American citizens doing business in and with South Africa.
Note, Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act of 1986, 36 Clev. St. L. Rev. 261 (1988)