Curtiss-Wright was charged with conspiring to sell fifteen machine guns to Bolivia, which was engaged in an armed conflict in the Chaco. This violated a Joint Resolution of Congress and a proclamation issued by President Roosevelt.
Did Congress in its Joint Resolution unconstitutionally delegate legislative power to the President?
The Court agreed that the President was allowed much room to operate in executing the Joint Resolution; it found no constitutional violation. Making important distinctions between internal and foreign affairs, 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.
Decisions
Decision: 8 votes for United States, 1 vote(s) against Legal provision: US Const. Art. II
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Full Opinion by Justice George Sutherland
