U.S. v. Curtiss-Wright (1934)

  • Federal powers in foreign affairs are different than domestic affairs.
  • Foreign policy is an inherently federal topic, and the States have never had any power regarding foreign policy; thus, the federal government is not bound to the States' enumerated powers—while they would be for domestic affairs.
  • The President is the sole organ of the United States in its external, foreign relations.
    • To fulfill this role, he must be free from legislative restrictions that apply to internal affairs.
  • The President must comply with the Constitution.
    • But he must be afforded a degree of deference/latitude in foreign affairs.
  • From this case: The President entered into a joint resolution that prohibited the sale of arms to countries involved in the Chaco border dispute.
    • This was ruled as unconstitutional.