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United States v. Curtiss-Wright Export Corporation

Facts of the Case

Provided by Oyez

The Curtiss-Wright Export Corporation, a weapons manufacturer, sold fighter planes and bombers to Bolivia during the Chaco War, during which Paraguay and Bolivia contested control of a semi-arid region. This violated a Joint Resolution of Congress and a proclamation issued by President Roosevelt, which banned U.S. weapons manufacturers from aiding either side of the war. Challenging its indictment, Curtiss-Wright argued that Congress had violated the non-delegation doctrine in allowing the executive branch to make decisions that were properly left to the legislature. 

Questions

  1. In the Joint Resolution, did Congress unconstitutionally delegate legislative power to the President?

Conclusions

  1. In an opinion written by Justice Sutherland, the majority upheld the Joint Resolution. The Court reasoned that the federal government could not exceed its enumerated powers regarding internal issues but had a much broader scope of discretion in foreign affairs. 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. Roosevelt thus 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.

    Justice McReynolds authored a dissenting opinion.