United States v. Curtiss-Wright Export Corp.
1936 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), was a decision of the United States Supreme Court concerning the foreign affairs powers of the president of the United States. It held that the President, as the nation's "sole organ" in international relations, was therefore innately vested with significant powers over foreign affairs, far exceeding those permitted in domestic matters or accorded to the U.S. Congress.[1] The Court's majority reasoned that although the U.S. Constitution does not explicitly provide for such authority, the powers are implicit in the President's constitutional role as commander-in-chief and head of the executive branch.
United States v. Curtiss-Wright Export Corp. | |
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Argued November 19–20, 1936 Decided December 21, 1936 | |
Full case name | United States v. Curtiss-Wright Export Corporation et al. |
Citations | 299 U.S. 304 (more) 57 S. Ct. 216; 81 L. Ed. 255; 1936 U.S. LEXIS 968 |
Case history | |
Prior | Judgment sustaining a demurrer to the indictment, 14 F. Supp. 230 (D.D.C. 1932); probable jurisdiction noted, 57 S. Ct. 14 (1936). |
Holding | |
The Constitution does not explicitly say that all ability to conduct foreign policy is vested in the President but gives it implicitly. The very nature of foreign affairs empowers the executive branch to act in ways that Congress is unable to. | |
Court membership | |
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Case opinions | |
Majority | Sutherland, joined by Hughes, Van Devanter, Brandeis, Butler, Roberts, Cardozo |
Dissent | McReynolds |
Stone took no part in the consideration or decision of the case. |
Curtiss-Wright was the first decision to establish that the President's plenary power is independent of congressional permission. It is credited with providing the legal precedent for further expansions of executive power in the foreign sphere.[2]