InthiscasetheactiontakencutsacrossStatepolicyatitshighestlevels,thoseofforeignpolicyandnationaldefence:forforeignpolicyandnationaldefencecannotbeconductedinthenationalinterestifsectionsofthecommunityareabletonullifygovernmentalpolicybydictatingthechoiceofforeigncountriestowhicharmsmaybesold,andpunishing“transgressors.”
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In this case the action taken cuts across State policy at its highest levels, those of foreign policy and national defence: for foreign policy and national defence cannot be conducted in the national interest if sections of the community are able to nullify governmental policy by dictating the choice of foreign countries to which arms may be sold, and punishing “transgressors.”