For example, it is widely accepted that the executive branch can use justifications of national security to control exports. This means that the President also has extensive powers to assess what measures are appropriate with regard to international relations, since he can rely on confidential materials and specialized experts that may not be available to other branches of government.

The federal government has considerably more authority to act in foreign affairs than domestic affairs, and it has unchallenged authority over the former.

Sutherland's language almost suggested that this decision might fall within the political question doctrine, given his reluctance to examine the details of the case on the merits. Roosevelt thus had the discretion to determine what impact a certain policy might have on foreign affairs and make decisions accordingly, even had Congress not authorized him. He pointed out that the President has plenary power over international relations and is free to act in that area without Congressional oversight. The combination of Congressional with Presidential authority meant that courts should be especially deferential in reviewing this decision.

It based this claim on the theory that Congress had violated the non-delegation doctrine in allowing the executive branch to make decisions that were properly left to the legislature.Ĭontrasting internal issues with foreign affairs, Sutherland found that the federal government could not exceed its enumerated powers in the former area but had a much broader scope of discretion in the latter area. Roosevelt had acted in response to a joint resolution by Congress giving him this authority.Ĭhallenging its indictment, Curtiss-Wright argued that neither the congressional action nor the presidential proclamation giving rise to the embargo was legitimate. weapons manufacturers from aiding either side in the war.

These actions ostensibly violated a proclamation by President Franklin Roosevelt banning U.S. The Curtiss-Wright Export Corporation, a weapons manufacturer, sold fighter planes and bombers to Bolivia during the Chaco War, during which Paraguay and Bolivia contested control of a semi-arid region.

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