The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Thursday, November 19, 1936
Decision: Monday, December 21, 1936
Categories: international relations, jurisdiction, presidency

Advocates

Homer S. Cummings (Argued the cause for the United States)
Martin Conboy (Argued the cause for the United States)
Neil P. Cullom (Argued the cause for appellees Barr Shipping Corp)
William Wallace (Argued the cause for appellees Curtiss-Wright)

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

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

The Oyez Project, United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936),
available at: <http://www.oyez.org/cases/1901-1939/1936/1936_98/>
(last visited ).