UNITED STATES v. CURTISS-WRIGHT EXPORT CORP.

Print this Page
Case Basics
Docket No. 
98
Petitioner 
United States
Respondent 
Curtiss-Wright Export Corp.
Decided By 
Hughes Court (1932-1937)
Opinion 
299 U.S. 304 (1936)
Argued 
Thursday, November 19, 1936
Decided 
Monday, December 21, 1936
Advocates
Martin Conboy
(Argued the cause for the United States)
Neil P. Cullom
(Argued the cause for appellees Barr Shipping Corp)
Homer S. Cummings
(Argued the cause for the United States)
William Wallace
(Argued the cause for appellees Curtiss-Wright)
Term:
Location: Curtiss-Wright Export Corporation Headquarters
Facts of the Case 

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.

Question 

Did Congress in its Joint Resolution unconstitutionally delegate legislative power to the President?

Conclusion 
Decision: 8 votes for United States, 1 vote(s) against
Legal provision: US Const. Art. II

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.

Cite this Page
UNITED STATES v. CURTISS-WRIGHT EXPORT CORP.. The Oyez Project at IIT Chicago-Kent College of Law. 09 February 2012. <http://www.oyez.org/cases/1901-1939/1936/1936_98/>.
UNITED STATES v. CURTISS-WRIGHT EXPORT CORP., The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1901-1939/1936/1936_98/ (last visited February 9, 2012).
"UNITED STATES v. CURTISS-WRIGHT EXPORT CORP.," The Oyez Project at IIT Chicago-Kent College of Law, accessed February 9, 2012, http://www.oyez.org/cases/1901-1939/1936/1936_98/.