United States v. Curtiss-Wright Export Corp.: Difference between revisions
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(Created page with "{{Infobox Case Brief |court=U.S. Supreme Court |citation=299 U.S. 304 (1936) |date=December 21, 1936 |subject=Constitutional Law |appealed_from= |case_treatment=No |overturned...") |
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|date=December 21, 1936 | |date=December 21, 1936 | ||
|subject=Constitutional Law | |subject=Constitutional Law | ||
|case_treatment=No | |case_treatment=No | ||
|facts=President Roosevelt issued an [[Constitution_of_the_United_States#Section_3:_Duties|executive order]] prohibiting munitions sales to the warring nations in the Chaco border dispute. | |||
Curtiss-Wright Export Corp. was indicted for conspiring to sell fifteen machine guns to Bolivia, and then appealed the fact that the President issued this law-making authority, which should be reserved for Congress. | |||
|facts=President Roosevelt issued an order prohibiting munitions sales to the warring nations in the Chaco border dispute. Curtiss-Wright Export Corp. was indicted for conspiring to sell fifteen machine guns to Bolivia, and then appealed the fact that the President issued this law-making authority, which should be reserved for Congress. | |||
|issues=Whether the Joint Resolution is vulnerable to attack under the rule that forbids a delegation of the lawmaking power to the Executive Branch of government. | |issues=Whether the Joint Resolution is vulnerable to attack under the rule that forbids a delegation of the lawmaking power to the Executive Branch of government. | ||
|holding=Judgment against Curtiss-Wright Export Corp. | |holding=Judgment against Curtiss-Wright Export Corp. | ||
|reasons=The President had the discretion to determine what impact a certain policy might have on foreign affairs and make decisions accordingly, even had Congress not authorized him. | |reasons=The President had the discretion to determine what impact a certain policy might have on foreign affairs and make decisions accordingly, even had Congress not authorized him. | ||
|rule= | |rule=POTUS has plenary powers exceeding that of the [[Congress]] in the area of foreign affairs. | ||
|Court_opinion_parts={{Court opinion part | |Court_opinion_parts={{Court opinion part | ||
|opinion_type=majority | |opinion_type=majority | ||
|written_by=George Sutherland | |written_by=George Sutherland | ||
}}{{Court opinion part | }}{{Court opinion part | ||
|opinion_type=dissent | |opinion_type=dissent | ||
|written_by=McReynolds | |written_by=McReynolds | ||
}} | }} | ||
}} | }} |
Revision as of 21:32, November 30, 2022
United States v. Curtiss-Wright Export Corp. | |
Court | U.S. Supreme Court |
---|---|
Citation | 299 U.S. 304 (1936) |
Date decided | December 21, 1936 |
Case Opinions | |
majority | written by George Sutherland |
dissent | written by McReynolds |
Facts
President Roosevelt issued an executive order prohibiting munitions sales to the warring nations in the Chaco border dispute.
Curtiss-Wright Export Corp. was indicted for conspiring to sell fifteen machine guns to Bolivia, and then appealed the fact that the President issued this law-making authority, which should be reserved for Congress.Issues
Whether the Joint Resolution is vulnerable to attack under the rule that forbids a delegation of the lawmaking power to the Executive Branch of government.
Holding
Judgment against Curtiss-Wright Export Corp.
Reasons
The President had the discretion to determine what impact a certain policy might have on foreign affairs and make decisions accordingly, even had Congress not authorized him.
Rule
POTUS has plenary powers exceeding that of the Congress in the area of foreign affairs.