United States v. Curtiss-Wright Export Corp., 299 U.S. 304 

Supreme Court of the United States

1936

Chapter

4

Title

The Distribution of Nation Power

Page

371

Topic

Foreign Affairs

Quick Notes

Gun seller charged with violating statute prohibiting sale of guns to foreign country challenged its constitutionality on ground that Congress unlawfully delegated lawmaking powers to the President.

Rule

o         It is not an unconstitutional delegation of Congress' lawmaking power to give the President the authority to prohibit the sale of arms to a foreign nation engaged in conflict.

Application

o         Congress may delegate to the president a broader array of lawmaking powers when foreign affair matters are involved.

Sole organ of international relations.

o         The President is the sole organ of the federal government in the field of international relations, and therefore, we must not condemn the legislation at issue before us by imposing a general rule, the effect of which would conclude that an unlawful delegation of legislative power to the President occurred.

Article I, Section 8 (Necessary and Proper Clause) Applies to internal Affairs

o         To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

o         General mass of legislative powers are possessed by the states that are vested in the federal government.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

o         Whether it is an unconstitutional delegation of Congress's lawmaking power to give the President the authority to prohibit the sale of arms to a foreign nation engaged in conflict?  No, it is not unconstitutional.

Procedure

Trial

o         District Court of the United States granted defendants' demurrer and that quashed an indictment for conspiracy

Supreme

o         Reversed

Facts

Discussion

Key Phrases

Rules

Pl United States

Df Curtiss-Wright Export Corp

Description

o         An indictment was returned against Curtiss-Wright Corporation (Df).

o         Charging it with conspiracy to sell 15 guns to a Bolivia, a foreign nation, involved in armed conflict, which is in violation of a Joint Resolution of Congress.

o         Congress delegated to the President the power to prohibit sales of guns to a foreign nation, if he found that such prohibition would contribute to establishing peace.

o         Curtiss-Wright Corporation (Df - challenged the Joint Resolution claiming it was an unconstitutional delegation of lawmaking power to the President.

o         The lower court held that the Joint Resolution was unconstitutional.

o         The U.S. (Pl - appealed to the United States Supreme Court .

Justice Sutherland

Article I, Section 8 (Necessary and Proper Clause) Applies to internal Affairs

o         To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

o         General mass of legislative powers are possessed by the states that are vested in the federal government.

Not Unconstitutional for Congress to give President Authority for Foreign Affairs

o         It is not an unconstitutional delegation of Congress' lawmaking power to give the President authority to prohibit the sale of arms to a foreign nation engaged in conflict.

Foreign Affairs is Broader

o         The delegation of legislative power by Congress to the President is broader in respect to foreign affairs as compared with domestic affairs.

President must give a degree of discretion

o         In order to properly maintain foreign relations, the President must be given a degree of discretion and freedom from statutory restriction in foreign affairs.

For Foreign Matters President has better opportunity to know conditions.

o         It is the President, not Congress, who has a better opportunity, as the one who speaks and listens as the representative of the nation, of knowing the conditions that prevail in foreign nations.

President has confidential sources (Like the CIA, NSA, Spies)

o         During war, he has confidential sources, and agents such as diplomats and consulars who transmit secret information.

Sole organ of international relations.

o         The President is the sole organ of the federal government in the field of international relations, and therefore, we must not condemn the legislation at issue before us by imposing a general rule, the effect of which would conclude that an unlawful delegation of legislative power to the President occurred.

Avoid Embarrassment by Avoiding Congressional Inquiry

o         Serious embarrassment is to be avoided and success achieved, congressional legislation must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved

Court - Holding

o         We thus hold that the Joint Resolution and Proclamation are not unconstitutional delegations of legislative power to the President.

o         Reversed.

Rules

Rule

o         It is not an unconstitutional delegation of Congress' lawmaking power to give the President the authority to prohibit the sale of arms to a foreign nation engaged in conflict.

Application

o         Congress may delegate to the president a broader array of lawmaking powers when foreign affair matters are involved.

Class Notes