United States v. Curtiss-Wright Export Corp.

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
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


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.


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.


Judgment against Curtiss-Wright Export Corp.


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.


POTUS has plenary powers exceeding that of the Congress in the area of foreign affairs.