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- In United States v. Curtiss-Wright Export Corp., Justice George Sutherland described inherent powers as those that are independent of an authorizing power but are inherent to the government in its role as sovereign. 17
constitution.congress.gov/browse/essay/artI-S1-3-3/ALDE_00013292/['Section', '8']
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The Supreme Court's reasoning in U.S. v. Curtiss-Wright Corp. delves deeply into the constitutional foundations, historical precedents, and practical considerations that differentiate the powers of the federal government in foreign affairs from those in domestic matters.
Curtiss-Wright Export Corp., 299 U.S. 304 (1936), was a decision of the United States Supreme Court concerning the foreign affairs powers of the president of the United States.
United States v. Curtiss-Wright Export Corp.: The President has exclusive power over foreign policy and does not need Congress to delegate power to the executive branch in this area.
In United States v. Curtiss-Wright Export Corp., Justice George Sutherland described inherent powers as those that are independent of an authorizing power but are inherent to the government in its role as sovereign. 17 Footnote United States v. Curtiss-Wright Exp., 299 U.S. 304 (1936).
Facts of the case. 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.
The Defendant, Curtiss-Wright (Defendant), a weapons manufacturer, was convicted of selling arms to warring nations in South America in violation of an Executive Order that was made pursuant to a Joint Resolution of Congress.
The powers to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitution, would have been vested in the Federal Government as necessary concomitants of nationality. . . .
