United States v. Curtiss-Wright Export Corp. (1936)

United States v. Curtiss-Wright Export Corp. (1936)
299 U.S. 304, 57 S.Ct. 216, 81 L.Ed. 255

Majority: Sutherland, Brandeis, Butler, Cardozo, Hughes, Roberts, Van Devanter. 7-1.

Dissenting (without opinion): McReynolds. Not participating- Stone.

Background: In an effort to calm down a war between Bolivia and Paraguay, Congress passed a joint resolution authorizing the president to issue an arms embargo by proclamation. The Curtiss-Wright Export Corp. was found shipping machine guns to Bolivia, in violation of the embargo. Their defense held that the congress delegated an unconstitutional legislative power to the president.

Major Constitional Question: Did Congress in its Joint Resolution unconstitutionally delegate legislative power to the President?

Decision: No.

Author: Sutherland

Opinion of the Court: The management of foreign affairs is the exclusive province of the chief executive of the United States. It is wholly within the President's power to proclaim such an embargo, as it has to deal with external affairs. The President's power in such foreign affairs is plenary; it is not so within the realm of congress. Congress does not negotiate with other states, it's the President's job to do that. Justice Sutherland argued because "the President alone has the power to speak or listen as a representative of the nation," Congress may provide the President with a special degree of discretion in external matters which would not be afforded domestically.