United States v Curtiss-Wright Export Corp

United States v Curtiss-Wright Export Corp - United States...

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United States v. Curtiss-Wright Export Corp. 1936 I. Facts a. In Curtiss-Wright, the Supreme Court relied on just such inferences to conclude not only that the foreign affairs power vested in the national government as a whole, but that the President of the United States had “plenary” powers in the foreign affairs field not dependent upon congressional delegation. b. Congress, acting by joint resolution, had authorized the President to place an embargo on arms shipments to countries at war in the Chaco region of South America. Acting pursuant to the resolution, President Franklin Roosevelt proclaimed such an embargo. When Curtiss- Wright Export Corp. was indicted for violating the embargo through the sale of bombers disguised as passenger planes to Bolivia, it defended itself on the grounds that the embargo and the proclamation were void because Congress had improperly delegated legislative power to the executive branch by leaving what was essentially a legislative determination to the President's “unfettered discretion.” c. In 1936 the defendant Curtiss-Wright Corporation was charged with illegally sending arms of war to Bolivia prior to the revocation of the first proclamation. [1]
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This note was uploaded on 04/30/2010 for the course PLS 459 taught by Professor Lermack during the Fall '09 term at Bradley.

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United States v Curtiss-Wright Export Corp - United States...

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