Presidential Power, United States v. Curtiss-Wright

[A18]

United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936)

FDR both banned the sale of weapons to Bolivia and lifted the ban on the basis of power granted to him by Congress. This authority was challenged as an unconstitutionally granted legislative power.

The Supreme Court held that the Congress may delegate power pertaining to foreign policy to the president.

[Emsworth]

Sound.

The text of the joint resolution does not appear to delegate the President broad legislative power. Rather, it only requires him to make a particular finding, and take specific action based on that finding.

[A18]

I think calling it a purely "factual" finding might be a bit generous, but because of the president's inherent executive powers, I would be inclined to sustain the act.

Constitutionally sound, I suppose.

[Emsworth]

I think calling it a purely "factual" finding might be a bit generous, but because of the president's inherent executive powers, I would be inclined to sustain the act.

I am not keen on attributing inherent powers to any branch of the federal government. I would limit the powers of each branch to those actually delegated by the Constitution.